New decree eases telework regulations in Colombia

Decree 1227 of 2022 amended Decree 1072 of 2015, the Sole Regulatory Decree for the Labor Sector, by relaxing the rules on teleworking, as follows:

Obligations of the Parties

Employer:

• Inform the ARL
• Include teleworking in the annual SG-SST Work Plan
• Inform employees of the communication mechanisms for reporting developments.
• Provide work tools and equipment, as well as complete information on their use.
• Promote respect and protection for human dignity, as well as the rights to information, intimacy, and privacy.
• Guarantee the right to disconnect from work.
• Conduct regular medical examinations.
• Train teleworkers prior to implementation of the modality.
• Inform employees about restrictions on the use of equipment and programs and legislation on data protection and intellectual property.
• Promote wellness initiatives and training in the area of health and well-being.
• Adopt and publish the internal teleworking policy.
• The obligation to include teleworking in the Internal Work Regulations, as was previously the case, is eliminated, and the Job Description and Competency Manual does not need to be modified.

Employee:

• Participate in prevention and promotion activities and comply with the obligations established in the legislation of the general occupational risk system.
• Comply with company rules, regulations, and guidelines.
• Provide accurate and up-to-date information on the progress of teleworking and any possible contingencies.
• Return the equipment once the work is completed and replace or compensate the employer for any equipment that is damaged or in poor condition in the event of negligent or destructive use in bad faith.

Internal Telework Policy

This must contain:

• A list of positions that can be performed through teleworking.
• Application requirements in terms of behavioral, organizational, and technological skills necessary to be a teleworker.
• Provisions to make equal treatment real and effective.
• Computer equipment and software, ICT platforms and tools, information systems, virtual repositories, and ICT environment to be able to carry out activities as a teleworker.
• Conditions regarding the confidentiality of information and trade secrets, as well as protocols for respecting the personal and family privacy of teleworkers.
• Contact points for reporting workplace harassment; requests to COPASST; requests or announcements to the human resources department or whoever acts on its behalf; contact point for reporting accidents or occupational illnesses.
• Description of prevention and promotion measures and activities in favor of teleworkers and their inclusion in the Occupational Health and Safety System.
• Actions included in the training plan on issues inherent to the effective development of teleworking.
• Minimum description of the required workspace.

Exemption from payment for teleworking utilities.

When there is mutual agreement between the parties, the teleworker may assume the cost of internet and energy services that were previously covered by the employer. The parties are free to set the amount of the utility connectivity allowance in the event that its concession or exemption from payment by the employer is agreed upon.

Hybrid Supplementary Teleworking

The possibility of a hybrid model of supplementary teleworking has been introduced, i.e., alternating between working in the office and teleworking, with the days of office attendance and teleworking being fixed or variable in order to meet the employer’s organizational needs. It will be up to the parties to define this hybrid model by mutual agreement.

If you have any questions or are interested in any issue related to this reform by decree, please do not hesitate to write to us at info@pmabogados.co.