Working from home: A non remunerative benefit and a reduction of operational costs

1.    Definition

Working from home (“Teleworking”) is the provision of services without the need for the presence of the employee at the offices of the Company.

The main characteristic of Teleworking is the existence of technological mediation since computers, telephones, information and communication technologies are used in this kind of work.

According to a study made by Enrique Carrier & Asociados Consultores, 300,000 professionals are currently teleworkers in Argentina.

2.    Advantages

The main advantages of Teleworking are:

i)     Lack of transport costs.

ii)    Freedom of action, a flexible timetable, and greater time availability.

iii)    Labor possibilities for disabled people, mothers or people who cannot be away from home for long periods of time.

iv)   Employees would be less tired and they would have a better quality of life because they would avoid the stress of commuting.

v)    Lower expenses on meals, parking and clothing.

vi)    Reduction of infrastructure costs such as office leasing.

vii)    24 hour operation, using the maximum working capacity.

3.    Background

The Teleworking system has not yet been regulated by legislation. This is the reason why some authors consider that it could be assimilated to the outwork system which has some of its characteristics.

For this reason, and with the aim of avoiding this confusion, the Labor Ministry set up the Teleworking Commission, which developed a draft law (hereinafter “The Bill”)

The Bill provides that the general employment regulations will also govern Teleworking. Accordingly, the specific provisions must be negotiated through a collective bargaining agreement.

The Bill preserves and maintains equal treatment of teleworkers with respect to the employees who work at the company’s site; requires respect for the environment where the teleworker works (the teleworker’s intimacy and privacy should be safeguarded); indemnifies the teleworker against the costs and risks of their activity; protects the employee through the Social Security System and Hygiene and Safety at Work System; and requires the acceptance and consent of the teleworker to this kind of work.

4.    Setting up a Teleworking Program

The Teleworking Commission has created PROPET (Pilot Program of Follow Up and Promotion of Teleworking in Private Companies) with the aim of promoting the implementation of Teleworking in the private sector.

There are already some companies that have launched Teleworking programs under the scope of PROPET.

The aim of PROPET is to authorize the companies to set up Teleworking program, identify any problems that may arise and offer the solutions and recommendations necessary to promote the advantages of this system.

Companies that are implementing or are trying to implement a Teleworking program can request participation in PROPET.

To have access to PROPET, companies must sign a framework agreement which will be prepared jointly with the Commission. Such agreement will provide a legal framework as the authorization and follow up of the program will be carried out by the Labor Ministry.