Remote Work Developments Across Latin America
Remote working regulation in Latin America continue to be in a state of flux, as discussed in this Expert Focus podcast by Luis Miguel Almendariz, Andres Valdes and Evelyn Romero, Baker McKenzie employment law partners in Lima, Santiago and Bogota, respectively.
Andres Valdes
The podcast features updates on recent workforce redesign matters, remote work regulation and the main attention points for employers in Argentina, Colombia, Peru and Venezuela.
“The pandemic has had a huge impact on remote working and now that remote and hybrid working regimes are being reviewed, amended and improved, employers must keep themselves up to date with legal developments and mitigate any possible risks and liabilities.”
In Venezuela, on 17 November 2022, the National Assembly passed the Workers’ Domicile Special Law; once effective, the Special Law will apply to telework if employees provide their services from their home. The key takeaways for employers are that they will have an obligation to provide the necessary tools for homeworking and that homeworkers will retain all their labour rights.
In Argentina, Law No 27,555 of 2020 created the legal regime governing telework contracts; establishing minimum legal requirements for teleworking and necessitating collective bargaining to establish the specific features of such contracts.
In October 2022, the enforcement of this law was strengthened by the creation of a compulsory registry for telework employers and delegated enforcement authority to the Argentinian Department of Labour.
“As of today, this registry is not yet operative, we need to keep our eyes open.”
The new Teleworking Law in Peru was published in September 2022. Employers have a 60-day adaptation period following the publication of the Law’s regulations. The regulations are still only in draft form and most employers continue to use a special COVID-19 remote work modality. This modality has been extended by the Labour Ministry.
Baker McKenzie
