On February 26 was published the DS N° 002-2023-TR, Regulation of the Telework Law that includes the following main aspects, which will be enforceable to companies as of April 28, 2023.
- Obligation to respect the right to the intimacy, privacy and inviolability of the communications of the teleworkers: not to accede, without previous authorization to the documents and communications of the teleworker neither to realize visits to the place of the telework.
- Compensation of expenses for internet and equipment: The teleworker and the company may agree on the non-compensation of internet and electric power expenses. If the teleworker uses his own equipment to perform his functions, the company must compensate him economically.
- Occupational health and safety: The accidents occurred during telework qualify as accidents at work when the teleworker proves that the injury or damage to health occurred in the workplace, during working hours and with the work tools used for the work, this is determined with the assistance of the internal organs of Safety and Health at Work.
- The telework space should be subject to risk assessment either directly by the employer or through a self-assessment form.
- The Regulation contains concrete guidelines for the identification and prevention of risks in teleworking.
- A channel or procedure should be implemented to deal with accidents occurring in teleworking.
- Digital disconnection: during this period, teleworkers are not obliged to respond to communications, orders or other requests, except in cases of force majeure or exceptional circumstances. Failure to respect this right represents a very serious infringement.
- Reversibility: Workers may request the variation of work modality, from face-to-face to telework, or vice versa. The employer must evaluate the request and give an answer within 10 working days.
- The employer, by exercising his power of direction in a reasonable manner, may provide for the variation of the work modality by means of a formal communication, with a notice of no less than 10 working days.
If you require legal advice on this subject for your company, please contact us at laboral@cpb-abogados.com.pe.
