Argentina: Law in Times of the Pandemic – Teleworking

Dr María Laura Rozental

Gisela Paula Beltrame

One of the changes that came to Argentina with the pandemic (and to stay) is working from home. Our legislators needed to provide a regulatory framework for such activity, so Law number 27.555 was promulgated last August.

This law, despite not being in force yet, has generated some controversy in the business sector.

Its fundamental points are the following:

1. The law will take effect 90 days after the end of the preventive and mandatory social isolation decreed by the government last March.
2. Those who carry out telework are guaranteed the same rights and obligations as the face-to-face mode.
3. The working day and the decision to adopt telework must be agreed in writing in accordance with current laws.
4. The right to disconnection is established, which will allow the worker to disconnect outside of working hours and on their licenses.
5. Trade union rights are guaranteed.
6. The employer must provide and assume the cost of the equipment, and work tools and the support and maintenance necessary to carry out the tasks.
7. Those who carry out telework will have the right to compensation for higher costs in connectivity and service consumption.
8. The worker will have the right to return to work in person at any time and without prior notice.
9. The right to privacy of the worker is guaranteed.
10. People who work under this modality and who prove that they are in charge of caring for people under 13 years of age, with disabilities, or older adults who require specific assistance, will have the right to hours compatible with these tasks or to interrupt the working day.

There are many expectations in this regard, but we still have to wait a few months to know the result of this regulation required by workers and unions.

XLNC ARCHIVE | 20 October 2020


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