Teleworking: Application Updates

Over a year and a half since the Law 27555 entered into force creating the Telework Contract Legal Regime, the Ministry of Labor, Employment, and Social Security finally created the registry of companies using teleworking.

 

1.  Law 27555 and its regulatory decree

 

It has been said that the COVID-19 pandemics caused a series of significant changes, especially in the way of performing tasks. To a large extent, both employers and employees had to adapt to these changes.

 

One of the most significant changes was the exponential and necessary growth of teleworking which, during the time of health restrictions, was indispensable to continue carrying on many activities.

 

Law 27555, enacted in July 2020 and published in August of the same year, did not come into force until April 1, 2021. It was through Decree 27/2021 that the Executive Power ordered the Ministry of Labor to issue a subsequent regulation establishing the entry into force, the result of which was Resolution 54/21.

 

Among other matters, Law 27555 established that the application authority would be (and still is) the Ministry of Labor, and that companies using this modality must register before it, informing and proving the software or platform they use, as well as the list of persons teleworking. This information must be submitted before each registration or on a monthly basis.

 

Later on, the Decree 27/21 determined that the application authority could delegate the registration tasks in article 18 of the law to local administrative authorities, so as to maintain the unity of the registry under the administration of the different jurisdictions.

 

III.        Resolutions 1530/22 and 1921

 

In compliance with Decree 27/21, on October 12, 2022, the following were published:

 

(i) resolution 1530/2022 of the Ministry of Labor, stating that registration tasks are delegated to the Secretariat of Labor.

(ii) Resolution 1921/2022 of the Ministry of Labor, creating the Registry of Companies Using Teleworking.

 

IV.       The Registry

 

The companies using this modality must register and:

 

- certify the software or platform to be used.

- report the list of employees performing tasks under this modality.

 

V.        Registration Procedure

 

V.1 Requirements to start the procedure

 

- Employer's CUIT

- CUIT/CUIL of the employer's representative initiating the procedure, who must be authorized by AFIP.

 

V.2. Steps to register

 

- Open the "Trámites Públicos" webpage of the Ministry of Labor.

- In the search engine of the site, type "teleworking". The result will be "Teleworking - Payroll of Workers". Click there.

- The site redirects to AFIP’s webpage, where the CUIT and fiscal code must be filled out in to continue. Then, the procedure will open automatically.

- Once the procedure has been entered, the webpage will show the data of the initiating representative and the employer he/she represents.

- Search for "Payroll of workers" on the webpage.

- Click on "Download Payroll of Workers to complete".

- The system will download an Excel file with all the workers registered by the employer.

- The first question on the form will be whether the person teleworks or not. Some follow-up questions will appear if the answer is “yes”.

- Save the Excel file.

- Upload the saved Excel file with the answers in "Completed data".

- Answer the follow-up questions on the site.

- Click on "Submit procedure".