What will happen in Argentina with the regulation of the Teleworking Law?

Facing the mirror of Europe, where there is a regression to confinement and the certain possibility, already expressed by the Government of being able to return to a confinement scenario, in Argentina we are faced with the fear of a new isolation and the paralysis of all activity.

In that context, the figure of remote work is once again taking center stage.

Today we are waiting for a regulation that truly provides a greater framework of security and stability for companies

Since the issuance of the teleworking law, numerous companies have tried to adapt their work modality to what is established in the regulation. However, they ran into a lack of regulation.

There were numerous aspects on which the law left the details regarding different concepts in a later regulation, among them the nature of the reimbursements that are made to the employee for the use of the internet and other services, the aspects related to the right to disconnect and the much discussed reversibility, among other minor aspects, something fundamental because today companies are trying to adapt with the fear of generating contingencies or causing conflicts.

Key points of the project

The project defines that teleworkers should only be considered to be those who carry out tasks under the remote modality with a certain degree of permanence, with the clear objective of avoiding abusive situations by those who do not comply with this work modality.

One of the important aspects is due to the relaxation of the rule that prevented the company from contacting its employees outside the agreed hours. In this way, the regulations would establish that when the employer’s activity is carried out at different times, or when the objective reasons so indicate, the sending of communications will be allowed outside the agreed day, although it is established that the employee is not obliged to respond until he starts tasks again.

The point that arouses the greatest interest in the business sector is that of the so-called reversibility: the possibility was foreseen that the employee would request the employer to return to perform tasks in the company without the possibility of the request being rejected

But the regulation also foresees the possibility that the employee and the company agree exceptions to the impossibility of contacting him after hours according to operational needs. In this way, those companies whose activity is not subject to a schedule and have the need to be able to respond to emergencies at other times, They may establish the possibility of contacting them outside of the established day.

This aspect was important in terms of its regulation as it greatly affected the organization of work and, above all, the dynamics with which many companies deal with daily, where it is required that the employee can respond to a need outside of hours of work.

But, undoubtedly, the point that arouses the greatest interest in the business sector is that of the so-called reversibility: the possibility was foreseen that the employee would request the employer to perform tasks in the company again without the possibility of the request being rejected. The regulation establishes an attenuation of the rigidity contained in the standard, providing that reversibility is only exercised by employees who have performed tasks in the company in person and that they also have a reasonable motivation and that is supervening, that is, that it had not existed at the time of beginning to provide tasks under the telework modality.

The regulations provide for the possibility that the employee and the company agree to exceptions to the impossibility of contacting him after hours according to operational needs

Through regulation It is established that this request must be reasonably justified, explaining the reasons that generate the request to return to perform tasks under this modality. Undoubtedly this will generate discussions but at least the companies will not be exposed to having to respond to the mere requirement of the employee as established by law today.

Likewise, another of the extremely important aspects that would be defined in the regulations is the non-remunerative nature of the expenses that are compensated for the use of the Internet and other services, so that the cost for the employer would be lower. However, the norm does not establish guidelines for determining the amount and leaves it up to collective or individual negotiation of the parties that make up the employment relationship.

The truth is that today we are waiting for a regulation that truly provides a greater framework of security and stability for companies, which have made enormous efforts during the pandemic to continue working within the framework of isolation provided by the National State, even counting on the impossibility of reducing their payroll due to the prohibition of dismissals, despite having idle labor.