Teleworking Law

On July 30, 2020, the Argentine Senate approved a bill of law sent by the House of Representatives and thus sanctioned the so-called “Teleworking” Law. This law regulates work performed by employees from their homes or from any site other than the employer’s premises.

The legislative process must be completed by the final approval of the Argentine Executive.

The issued law, defined as the “Legal framework applicable to the teleworking contract” provides for several minimum requirements that apply to teleworking, while delegating specific aspects to collective bargaining.

The law provides a definition of telework summarized above, acknowledges certain rights and duties for those who must work under this “modality” (e.g. right to reverse the decision, right to digital disconnection, union rights, privacy rights) and contains certain norms regarding the working day, provision of work tools and reimbursement of expenses.

The law creates a special registry of employers who use this “modality”, and these employers must also register the software and platforms used for remote connection. This information must also be provided to the relevant union.

Once this law is approved by the Argentine Executive, it will enter into force 90 days after the end of the current social, preventive and mandatory isolation.