Following the covid 19 pandemic, teleworking is increasingly adopted by SMEs as well as large companies. Even after the gradual return to the norm, this change continued to be encouraged in different sectors. In this context, several countries have worked on legal texts relating to new working conditions. Indeed, it was a question of guaranteeing the rights of teleworkers and providing them with fair conditions compared to their colleagues preferring a more traditional approach. To find out more about the transformations made, here are some examples of legislation around the world.
Argentina
April 1, 2021, Argentina has implemented a law relating to teleworking contracts. This text stipulates that employees working remotely must benefit from the same rights as their counterparts who choose to work on site. This includes a predefined hourly volume as well as the right to disconnect. This law also commits the company manager to pay any expenses relating to internet costs. It must also provide you with all equipment and tools that you will need for the proper accomplishment of your tasks.
Spain
The text of the law concerning teleworking in Spain, applied since October 12, 2020, made it possible to better structure remote work. From now on, it is no longer a verbal agreement but rather a commitment which must be established in writing. Also, this change in method must be made voluntarily. In addition, the business manager is required to compensate the worker in the event of expenses linked to the adoption of teleworking according to a collective arrangement established in advance.
Portugal
The Portuguese government recently passed a law on remote working. This recent legislation only concerns structures where there are more than 10 employees. She touched on several key points. First of all, it gives the right to parents with children under 8 years old to favor teleworking. Then, it indicates that the employer is obliged to pay for all the tools required for remote work, including electricity and wifi. Also, business leaders must schedule a meeting with their teleworking employee every 2 months to discuss the progress of the missions. Finally, this law indicates that'the employer is prohibited from communicating with you beyond working hours. This commits him to pay compensation if he deviates from this rule.
Chili
The law dating from April 1, 2020 indicates that teleworking requires a written arrangement. This document must also be registered with the labor department within 2 weeks of signing. As remote workers, you have the same rights as traditional employees and you can take advantage of the right to disconnect. This measure involves a total disconnection of 12 hours every 24 working hours.
Ireland
Irish Government Launches Remote Working Strategy in January 2021. This initiative aimed to ensure that teleworking will now be applied permanently in the workspace across the different structures in the country. Also, this approach aims to mobilize all economic and social benefits that may arise from the adaptation of teleworking on a large scale.
Mexico
The federal labor law was changed on the date of January 12, 2021 to introduce the concept of remote working. According to this new legislative text, a teleworker is by definition any person who uses communication equipment and computer tools to receive instructions from their employer. This includes remote working for at least 40 % of the load to be accomplished during a worked week. It is up to the employer to provide you with all work materials and to cover any costs arising from this commitment. We can cite the subscription to an internet connection or the electricity bill. These additional charges must be dictated in the employment contract and reflect the structure's internal conventions. In this sense, the employee is required to regularly provide proof of said expenses.
Turkey
March 10, 2021, Turkey has adopted new measures regarding teleworking. The principle of teleworking must be done according to an agreement between the employee and the company manager. If it is an indication by the employee, his superior is required to give a response not exceeding 30 days. In return, if an employer plans to change the type of contract to a remote work contract, the employee must imperatively give his consent. However, there is only one exception to this measure. This involves the application of teleworking for the entire structure for compelling reasons. In which case, all employees must adhere to it.
Russia
The Russian Labor Code has been amended January 1, 2021 in order to give more flexibility to workers who will now work remotely. You should know that before this change, the Labor Code only took into account permanent teleworking. Now it also deals with temporary or part-time online work. Any arrangement between the employer and the employee must be centered around a mutual agreement drawn up in the form of a contract. In the event of an emergency that requires work to be done remotely, you may very well make the decision without referring to your superior. On the other hand, internal rules must clearly stipulate the conditions under which this measure is accepted.
Brasil
Brazil has established strict measures concerning teleworkers. If an agency head chooses to adopt teleworking, he must opt for a monitored timing system. This is to ensure that the employee working remotely does not work more hours than the legislation indicates. It should be noted that this measure must first be validated by the workers' union. Also, when granting positions that can be managed remotely, employers must favor employees who have a physical disability or those with young children in their care. This recent law also implies that the employer is in no way responsible for managing costs relating to the return to work on site, if you have chosen to work from an address different from that mentioned on the teleworking contract.