Legal Regime of Teleworking Contract

On August 14, Decree 673/2020 was published in the Official Gazette through which Law 27,555 (the Law) establishing the Legal Regime for Teleworking Contracts was enacted.

The Law regulates dependent work provided from the employee's own home or from a place other than the employer's establishment, and introduces modifications to the Labor Contract Law, incorporating section 102 bis to Title III "Modalities of the employment contract", establishing the concept of teleworking.

In addition, the Law establishes the minimum legal requirements for regulating teleworking, it delegates specific aspects to collective bargaining, recognizes rights and duties for those who work under this modality (e.g., right of reversibility, right to digital disconnection, trade union rights, right to privacy) and contains regulations referring to working hours, provision of work tools and reimbursement of expenses.

The Ministry of Labor, Employment and Social Security will be the enforcement authority, and must issue the corresponding regulations within ninety days.

The Law will come into force after ninety days as from the end of the social, preventive and mandatory isolation.