02/05/2021 8:51 AM
Clarín.com
Technology
Updated 02/05/2021 11:36
The national government established that the Legal Regime of the Telework Contract, provided for by Law No. 27,555,
will enter into force on April 1, 2021
, according to a resolution published this Friday in the Official Gazette.
Resolution 54/2021 of the Ministry of Labor bears the signature of the head of the labor portfolio, Claudio Moroni.
The regime was
approved on July 30 of
last year by the Senate and regulates this work modality in activities that, due to their nature and particular characteristics, allow it.
The regulation of Law 27,555 had been published last month in the Official Gazette through Decree 27/2021, under the signatures of President Alberto Fernández;
the Chief of Staff, Santiago Cafiero, and the Minister of Labor, Claudio Moroni.
The Senate passed the law, rushed by the pandemic.
Photo DPA
The first article establishes that "the provisions of Law No. 27,555
will not be applicable when the labor provision is carried out in the establishments
, dependencies or branches of the clients to whom the employer provides services on a continuous or regular basis. ".
Nor "in cases in which the work is carried out sporadically
and occasionally at the domicile of the person who works, either at his request or due to some exceptional circumstance."
Meanwhile, in the published annex, it is detailed that articles 2, 3 and 4 related to the telework contract, the rights and obligations and the working day were left unregulated.
Article 5, referring to the right to digital disconnection, specifies that when
"the activity of the company is carried out in different time zones
or in those cases in which it is indispensable for any objective reason, the referral of communications outside the workday".
The law speaks of the right to "disconnect".
AFP photo
"In all cases, the person who works will not be obliged to respond
until the beginning of their working day
, unless the cases contained in article 203 of Law No. 20,744 (to 1976) concur", says the regulations and clarifies that " Incentives conditioned on the non-exercise of the right to disconnect cannot be established.
"The increases linked to the remuneration of overtime hours will not be considered incentives," the text states.
Regarding care tasks, every person who exercises the right to interrupt the task, "
must communicate virtually and with precision
" when inactivity begins and when it ends.
"In cases in which the care tasks do not allow compliance with the current legal or conventional working day, its reduction may be agreed according to the conditions established in the collective agreement", adds Article 6.
Three keys to the law
Clarín
contacted Gustavo Guaragna, CEO of
Snoop Consulting
, a company that provides software development and IT services, and highlighted these three points:
Right to digital disconnection.
"The digital disconnection arises from the need to mitigate a problem that arises practically from the point of view of health. We are regulating
an absolutely new activity
and the need for protection is understandable, but as the experiences are not yet there, we are facing to the risks that overregulation brings, "Guaragna explained.
According to the specialist, "the lack of antecedents is one of the things that prevents a precise definition of the scope and mode of implementation."
The headache, one of the most frequent, worsened with the pandemic.
"In a globalized world, the market adjusts and adjusts, and creates its own rules, the right to disconnect seems reasonable to me, but
you have to take into account how it is implemented
, when and what law is under the law of telework, which is
the law of the employment contract
. Probably that generates conflictive situations, "he warns.
Work tools.
"This was highlighted as one of the outstanding aspects of the law, for some industries it is not new. In the knowledge industry it does not need regulation because it is common for work tools to be delivered. We are facing the enormous difficulty of regulating the old economy with issues that come from the new economy. The point is that both are coexisting and at a certain point there may be contradictions, "he warned.
A photographer from Clarín, working from home.
Photo Martín Bonetto
About the experience in other countries.
"There must be laws with a purpose that is to protect and encourage, it is not clear if they tried to do so. It should have deserved a little more debate," criticizes Guaragna.
"In the European Union, there is an over-regulation to protect things from what could happen, with very good intentions but that ends up causing certain activities not to be developed. In the US, on the other hand, they have the tendency to let entrepreneurs and startups move freely through
innovation
areas
, those that manage to multiply their value generate wealth and then regulate on that, "he remarked, warning that it could generate problems in the future.
SL
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