New Telework Law in Argentina

Are you wondering about regulatory updates in Argentina? Read on to hear about a new telework law that was enacted, and continue to follow our most recent News for more specific or regional updates across our international Alliance of EHS consultants.

In Argentina, teleworking law 27,555 was enacted (published in the official bulletin 8/14/2020), which in the future will come into force after the pandemic and must have a regulatory decree for effective application.

Prior to this, teleworking was regulated by Resolution 1552/12 of the Superintendence of Labor Risk, which established the obligation to report said situation to the Labor Risk Insurer and provide certain elements to the worker and the employer's right to control compliance with safety and hygiene conditions at the worker's home.

However, with the advent of the pandemic, Resolution 21/20 was issued by the Superintendence of Labor Risk, which determines that Resolution 1552/12 is not applicable and only provides the obligation to notify the Risk Insurer Company the payroll of employees and the address where they work. It also establishes that said address is considered as the workplace for the purposes of the Labor Hazards Law.

Summary Law 27,555 of Telework

1. Establish minimum budgets:

A. Clauses that modify the conditions cannot be established when they are detrimental to the rights of workers.

2. Specific regulations will arise from collective negotiation:

A. Eg Combination of telework days with face-to-face days

3. There is a telework contract when:

A. Totally or partially the task is executed at the employee's home;

B. When it is carried out in places other than the employer's place;

C. When it is executed by information and communication technologies.

4. Equal Rights and Obligations

A. The same remuneration as that received in person. Possibility of combining regular days with telework days (collective agreement).

5. Working hours previously agreed in writing (new).

6. Right to digital disconnection after hours or on vacation.

7. Right to personal care tasks with the right to interrupt the working day.

A. Caring for persons under the age of thirteen (13);

B. People with disabilities, or

C. Older adults requiring specific assistance.

8. Sanction: Any act, conduct, decision, retaliation or obstruction from the employer that violates these rights will be presumed discriminatory, the provisions of Law 23.592 being applicable.

9. Voluntary teleworking and accepted in writing contract.

10. Reversibility: at the request of the worker, unless satisfaction is impossible. Right to be considered in a situation of dismissal or demand the modified conditions.

11. Work items: They must be provided by the employer or compensation for the use of the person's own tools (collective agreement).

12. Right to Compensation of Expenses

A. Connectivity and/or service consumption;

B. Exempt from taxes.

12. Right to Training without involving a greater workload.

13. Collective rights and union representation.

14. Health and safety at work:

A. Adequate protection (new regulations).

B. Inclusion of illnesses and accidents caused by this work modality.

C. With union control.

15. Transnational services.

A. Law of the place of execution of the tasks or the law of the employer's address (in dubio pro operario).

16. Foreign persons not resident in the country.

A. Prior authorization.

B. Collective Agreement.

17. Enforcement authority. Registry. Inspection. The Ministry of Labor, Employment and Social Security of the Nation.

A. Obligation to register and report the trade union organization before each registration produced or monthly.

18. Transitional regime.

A. Entry into force after ninety (90) days from the end of the ASPO.

 

Resolution 1552/12 Superintendence of Occupational Hazards

1. Obligation to Notify the Occupational Risk Insurer (A.R.T.)

1. 1.  The location of teleworkers, -
   2. List of workers (surname, names and c.u.i.l.);
   3. Place and frequency of teleworking (number of days a week);
   4. Position or tasks assigned to workers (administrative, sales, others).

2. Items to provide to employees:

A. ONE (1) ergonomic chair.

B. ONE (1) portable fire extinguisher (1 kg. Fire extinguisher based on HCFC 123).

C. ONE (1) first aid kit.

D. ONE (1) mouse pad (“mouse pad”).

E. ONE (1) Manual of Good Health and Safety Practices in Telework, whose minimum contents are available at the link: http://www.trabajo.gob.ar/difusion/teletrabajo/100924_manual-buenas-practicas.pdf .

3. Right of Control of the employer:

1. Prior consent of the worker and notifying the date and time of the visit.
2. Through a professional from the Company's Hygiene and Safety area, who may be accompanied by a technician from the A.R.T. or a representative of the Trade Union Entity.

Resolution 21/20 Superintendence of Occupational Risks

1. Obligation to Notify the Occupational Risk Insurer (A.R.T.)

A. List of affected workers (Surname, Name and C.U.I.L.).

B. Address where the task will be performed and its frequency (number of days and hours per week).

C. The denounced address will be considered as a workplace for all purposes of Law No. 24,557 on Occupational Risks.

2. Resolution (S.R.T.) No. 1,552:

A. It is not applicable to the cases of exception provided for in article 1 of this document.

 

If you have more questions on Argentina regulations or updates contact our Associate GreenCo.