From January 1, 2023, companies must comply Telecommunications ActThat is why the Ministry of Labor and Employment Development (MTPE) Act no. 31572 ordered the early promulgation of the draft Supreme Decree approving Regulation, Telecommunications Actand explanation of the reasons, to get the views of those interested in the matter.
Ministerial Resolution No. 347-2022-TR indicates that the proposal is in the digital headquarters of the portfolio (www.gob.pe/mtpe) and suggestions, comments or suggestions of employers and workers or their organizations, public institutions or private and citizens to the email [email protected] will be sent.
According to the proposal, the purpose of regulation is regulation telecommunication A decent work environment is inherent. To this end, it establishes a set of minimum rights aimed at guaranteeing well-being, integrity, dignity and harmony between the private, family and work lives of all workers.
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The draft regulation emphasizes as per Section 3 of the Act. telecommunication It can be complete or partial. In the first case, it will be something agreed to work face-to-face, eventually excluding face-to-face activities or coordination, at a time when the remote worker deems it necessary or the employer needs it, it points out.
In part, provision of face-to-face and non-face-to-face activities will be determined. It will mention the day’s delivery Employment contract Or an agreement to change the way work is done, describing the initiative.
The motion further recalls telecommunication It may be permanent or temporary as per the duration agreed upon by the parties. In the absence of this limitation, it shall be understood to be of a permanent nature, although this condition shall not preclude modification in the manner established by the Regulations.
Face-to-face application telecommunication It will be the result of an agreement between the parties. Rejection of the teleworking method by the employee is not a reason for terminating the employment relationship or changing the working conditions, which underlines the initiative.
The telecommunication, details, may be part of the initial job description or may be agreed upon later. However, a teleworker is allowed to request a change from face-to-face to teleworking or vice versa. In any case, he insists, the switch from face-to-face to telephone does not compromise the dignity of employees.
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Telecommuters can perform their work both within and outside of Peruvian territory. In providing services abroad, the parties agree to the specific conditions of this system, guaranteeing the rights of telecommunications workers.
The use of teleworking does not, in the case of foreigners, exempt them from compliance with relevant immigration and labor regulations. PETM.
Additionally, initiatives to hire telecommuters or replace face-to-face working methods are detailed telecommunicationThe employer and the worker shall define the content mentioned in Article 12 of the Act as a minimum.
At the same time, they cover employer obligations in a teleworking environment; Teleworker’s rights and obligations in providing service; Safeguards Against Sexual Harassment in Teleworking Likewise, safety and health measures in teleworking; and information security arrangements.
Commenting on the proposal, Studio Echecopar, asociado a Baker & McKenzie International, the Plan addresses the obligation of telecommuters to respect the right to privacy, privacy and inviolability of communications. Employers cannot access employee documents and communications without prior notice.
In addition, unless the nature of the activity requires it, the remote worker’s prior and express consent must be obtained to acknowledge or record their image or voice. Nor can you visit a teleworking location without the employee’s prior permission, it points out.
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The company also highlights that employer-provided equipment can only be used for work purposes. Technical or connectivity failures that disrupt the provision of services shall not be considered attributable to the remote worker and shall not constitute a moral offence.
Act no. 31572, Telecommunications Act, regulates teleworking as a special means of providing work in a regular or familiar condition, characterized by the inferior performance of workers who are not physically fit in the workplace, who maintain the labor relationship; It is done by using digital platforms and technologies.