Regulatory Guidelines For Remote Work Agreements And Right Of Disconnection From Work

• Published date: 28 February 2023
• Subject Matter: Employment and HR, Contract of Employment, Health & Safety, Employee Rights/ Labour Relations
• Law Firm: CorralRosales
• Author: Mr Edmundo Ramos

On December 23rd 2022, by Ministerial Agreement No. MDT-2022-237 (hereafter the 'Agreement') the Labor Ministry established regulatory guidelines for remote work agreements and the exercise of the right to remain disconnected from work, in accordance with the following terms:

• Employees rendering their services under remote work have the same rights and obligations as employees working on a presence-based modality.
• By mutual agreement, the scope of the labor relationship may be remote from the beginning or change to remote at any time thereafter. In any case, the duration must be specified.
• The employer must provide the necessary inputs and equipment to perform the remote work agreement. Any payment in relation to equipment or supplies required to work remotely are not considered as part of the employee remuneration.
• The employer must control that safety and occupation health regulations are complied with in the workspace.
• The employer has 30 days to register the remote work agreement and 15 days to register the agreement that changes the labor relationship form a presence-based modality to a remote modality in the 'Sistema Único de Trabajo' (SUT).
• The employee has the right to remain disconnected for at least 12 consecutive hours in a period of 24...