By means of Decree 1227 of 2022, the Ministry of Labor modified some conditions related to teletrabajo.
- Working tools:
It is allowed that between the parties it is agreed that the employees use their own working tools. Additionally, a monthly value of compensation may be agreed for the use of the employee’s tools (it is not mandatory).
- Allowance for internet and energy:
The payment of internet and energy allowance became a voluntary payment. Previously, this payment was mandatory.
If the employees will fully assume the cost of internet and energy services, this situation must be agreed with the employer.
- Internal teletrabajo policy:
The obligation to modify the internal work regulations to include a chapter on teletrabajo was eliminated. However, it was established that employers must adopt an internal policy that regulates the terms, characteristics and conditions of teletrabajo.
If you do not have this policy, we can assist with the drafting of the policy.
- Elimination of barriers for the implementation of teletrabajo:
To eliminate barriers in the implementation of teletrabajo, the execution of teletrabajo is allowed without meeting requirements such as a visit to the workplace.
Additionally, in relation to the visit to the workplace, its mandatory nature was eliminated, except when it is determined to be necessary by the employee, employer, or the Labor Risk Entity (ARL).
Our recommendation is to carry out these visits to establish possible occupational risks and take appropriate measures.
- Flexibility:
It is established that the parties may make the working schedules and development of the activities more flexible, as long as the effective rest of employees or their right to disconnection from work is not affected.
Any comments or concerns do not hesitate to contact us.
Authors: Rafael Abuchaibe I racuchaibe@lloredacamacho.com I Labor Law / Angélica Pico I apico@lloredacamacho.com I Labor Law