LEGAL STATUS OF THE TELEWORK CONTRACT
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
LEGAL STATUS OF THE TELEWORK CONTRACT
Article 1-Object. The purpose of this law is to establish the minimum legal budgets for the regulation of Telework in those activities, which, by their nature and particular characteristics, permit. The specific aspects will be set out in the framework of the collective negotiations.
Article 2 °-Incorporate to Title III "Of the modalities of the contract of employment" of the Work Contract Regime approved by law 20.744 (t.o. 1976) and its modifications, the following text:
From the Telework Contract
Article 102a: Concept. There shall be a contract of teleworking where the performance of acts, the execution of works or the provision of services, in the terms of Articles 21 and 22 of this law, is effected in whole or in part at the address of the person working, or in places different from the establishment or establishments of the employer, by the use of information and communication technologies.
The minimum legal budgets for the telework contract shall be laid down by special law. The specific regulations for each activity shall be established by collective bargaining in accordance with the principles of public order laid down in this law.
Article 3-Rights and obligations. Persons employed under this modality, under the terms of Article 102a of the Working Contract Scheme approved by Law 20.744 (t.o. 1976) and their modifications, shall enjoy the same rights and obligations as persons. who work in the form of in-person, and their remuneration may not be less than that which they perceive or perceive in the form of face-to-face. Collective agreements must, according to the reality of each activity, provide for a combination of face-to-face and teleworking.
Article 4 °-Working day. The working day must be agreed in advance in writing in the contract of work in accordance with the legal and conventional limits in force, both in terms of the agreed hourly and the objectives.
The platforms and/or software used by the employer for the specific purposes of teleworking, and registered as provided for in Article 18 of this Regulation, shall be developed in accordance with the working time established, preventing the connection outside the same.
Article 5 °-Right to digital disconnection. The person working under telework will have the right not to be contacted and to disconnect from digital devices and/or information and communication technologies, outside of their working hours and during the periods of licenses. You may not be punished for making use of this right.
The employer may not require the person who works to carry out tasks, or send him or her communications, by any means, outside the working day.
Article 6 °-Care tasks. Persons who work in this modality and who credit their position, in a unique or shared manner, for the care of persons under 13 (13) years, persons with disabilities or older adults who live with the working person and who require specific assistance, will be entitled to schedules compatible with the care tasks in charge and/or to interrupt the day. Any act, conduct, decision, retaliation or obstruction coming from the employer that damages these rights shall be deemed discriminatory, resulting in the provisions of Law 23,592.
Specific guidelines for the exercise of this right may be laid down by collective bargaining.
Article 7 °-Volunteering. The transfer of those who work in an in-person position to telework, with the exception of cases of duly accredited force majeure, must be voluntary and written.
Article 8 °-Reversibility. The consent given by the person who works in an in-person position to move to telework, may be revoked by the person at any time in the relationship.
In such a case, the employer must grant him tasks in the establishment in which he has previously lent them, or in his absence, in the nearest one to the dependent's domicile, in which they can be lent. Unless the satisfaction of such a duty is impossible for a reasonable reason.
Failure to comply with this obligation shall be deemed to be in violation of the duty provided for in Article 78 of the Work Contract Regime approved by Law 20.744 (t.o. 1976) and its amendments. The refusal of the employer shall entitle the person who works under this modality to be considered to be in a position of dismissal or to act for the re-establishment of the modified conditions.
In contracts that will be agreed upon at the beginning of the relationship, the eventual change to the in-person mode will operate according to the guidelines that will be established in the collective bargaining.
Article 9 °-Work items. The employer must provide the equipment-hardware and software-, the work tools and the support necessary for the performance of the tasks, and assume the costs of installation, maintenance and repair of the same, or the compensation for the use of the tools of the person working. The compensation shall operate in accordance with the guidelines laid down in collective bargaining.
The person who works will be responsible for the correct use and maintenance of the work items and tools provided by his employer, he must ensure that they are not used by persons other than the relationship or contract of employment. In no case will it answer for the normal wear and tear product of the use or the passage of time.
In the event of damage, breakage or wear on the elements, instruments and/or technological means preventing the provision of tasks, the employer shall provide for replacement or repair in order to enable the provision of tasks. The time required to comply with this employer obligation shall not affect the right of the person who works to continue to receive the usual remuneration.
Article 10.-Expenditure Compensation. The person working under telework will be entitled to compensation for the higher costs of connectivity and/or consumption of services to be faced. Such compensation shall operate in accordance with the guidelines laid down in collective bargaining, and shall be exempt from the payment of the income tax set out in law 20,628 (t. or. 2019) and its modifications.
Article 11.-Training. The employer must guarantee the correct training of its dependents in new technologies, providing courses and tools of support, both in virtual and in-person form, that will allow a better adaptation of the parts to this working modality. It will not involve a higher workload. It may be carried out jointly with the representative trade union entity and the Ministry of Labor, Employment and Social Security of the Nation.
Article 12.-Collective rights. People who are working in the form of teleworking will enjoy all the collective rights. They will be considered, for the purposes of union representation, as part of the whole of those who work in person.
Article 13.-Trade union representation. Union representation will be exercised by the trade union association of the activity where it provides services, in the terms of law 23,551. Persons working under this modality must be attached by the employer to a work centre, productive unit or specific area of the company for the purposes of choosing and being elected, to integrate the organs of the trade union association.
Article 14.-Hygiene and occupational safety. The implementing authority shall lay down rules on hygiene and safety at work with the aim of providing adequate protection for those working in the working mode of teleworking. The control of compliance with this regulation must have union participation. The implementing authority shall also determine the inclusion of the diseases caused by this mode of work within the list provided for in Article 6 (2) of Law 24,557. Accidents occurring at the site, day and time of teleworking, are presumed to be accidents within the meaning of Article 6 (1) of Law 24,557.
Article 15.-System of Control and Right to Intimacy. Control systems intended for the protection of the property and information of the employer's property must have union participation in order to safeguard the privacy of the person working in the form of teleworking and the privacy of your home.
Article 16.-Protection of Labour Information. The employer shall take the appropriate measures, in particular as regards software, to ensure the protection of the data used and processed by the person working under telework for purposes professionals, not being able to make use of surveillance software that violates the privacy of the same.
Article 17.-Transnational benefits. In the case of transnational teleworking services, the law of the place of execution of the tasks or the law of the domicile of the employer shall apply to the respective employment contract, as is more favourable to the person who works.
In the case of the recruitment of non-resident foreign persons, the prior authorisation of the implementing authority shall be required. The collective agreements, according to the reality of each activity, must set a maximum ceiling for these contracts.
Article 18.-Application Authority. Registration. Audit. The Ministry of Labor, Employment and Social Security of the Nation shall be the authority of application of this law and shall issue the respective regulations within the ninety (90) days. In the field of their competence, the companies that develop this modality must be registered, crediting the software or platform to be used and the payroll of the people who develop these tasks, which must be informed of each high produced or monthly. This information must be forwarded to the relevant trade union organisation. The audit of compliance with the legal and conventional provisions relating to tasks performed in the form of teleworking shall be carried out in accordance with Title III-Chapter I on the inspection of the work of the law 25,877 and its amendments. Any inspection of the implementing authority, if necessary, shall have prior authorisation from the person working.
Article 19.-Transitional arrangements. This law shall enter into force after ninety (90) days after the end of the period of validity of the social, preventive and compulsory isolation.
Article 20.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY DAYS OF JULY OF THE YEAR TWO THOUSAND TWENTY.
REGISTERED UNDER NO 27555
CLAUDIA LEDESMA ABDALLAH DE ZAMORA-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul
ê 14/08/2020 N ° 32589/20 v. 14/08/2020