Remote Working – Bill of Law

Javier CanosaPartner, Canosa Abogados

The Argentine National Congress is currently working on the enactment of a law which will amend the Employment Contract Law No. 20,744 incorporating remote working to the Title III “On the modalities of the employment contract”, Chapter VI, section 102 Bis.-

The bill of law is based on  the improvement of labor productivity through the use of Information and Communication Technologies and distance, which is an innovation generated by technological developments that shows great benefit both for the employer and for the employees who work from home.

The following are the most relevant guidelines of the bill:

Definition of remote working: There will be a remote working contract when the performance of acts, execution of works or provision of services is carried out totally or partially at the domicile of the employee, or in places other than the employer’s establishment or establishments by using Information and communication technologies.

  • Employees working under this modality will enjoy the same rights and obligations as the people who work under the on-site modality. Their remuneration will be the corresponding to the collective bargaining agreement and it shall not be less than the salary they would earn under the on-site modality. 
  • The working hours shall be agreed in accordance with legal and conventional limits.
  • The platforms and / or software for the execution of remote working shall be provided by the employer.
  • People who work under the remote working modality will have the right not to be contacted and to disconnect from digital devices and / or Information and communication technologies outside their working hours and during periods of leave.
  • The transfer of those employees who work under an on-site modality to the remote working modality must be voluntary, and the employees must give written consent, which can be revoked at any time during the work relationship. In that case, the employer must assign the employee tasks in the establishment of the company according to the same role that he performed previously.
  • The employer must provide the necessary equipment for the execution of remote working, which will include the hardware, software, complementary furniture, including the digital connectivity or similar means. The employer shall also bear the costs of installation, maintenance, and repair of these work items. It is prohibited to demand the employees to work with their own elements and / or instruments.
  • The employer shall ensure the correct training of their employees with regards to new technologies and skills for virtual environments which will allow a better adaptation of the parties to this type of work.
  • Those who work full-time or part-time under the remote working modality will enjoy all the collective rights and will be considered as part of the group of people who work under the on-site modality for the purposes of union representation.
  • The National Ministry of Labor, Employment and Social Security will be the enforcement authority of this regulations. The companies that allow their employees to work from home shall be registered, providing for evidence on the software or platform to be used and the payroll of the people who carry out these tasks, which must be reported after registering each employee or monthly, in accordance with the provisions of the regulations.