Remote Work Regulation Across Latin America
In this podcast, Monica Pizarro, partner at Baker McKenzie, discusses the regulation of remote work in Peru, Mexico, Venezuela, Argentina, Colombia, and Chile with senior associates Daniela Lievano and Sebastian Nastari. They consider how the COVID-19 pandemic left an important footprint on the way work is done, in particular by promoting the use of remote and hybrid working.
Daniela Lievano
Sebastian Nastari
Teleworking regulation in Mexico
In June 2023, the Minister of Labour and Social Welfare of Mexico issued a new regulation which outlined the obligations and requirements applicable to teleworking schemes across Mexico. In Mexico, an employee is considered a teleworker when they perform remote work for more than 40% of the working shift. Health and safety are considered and an updated list of teleworking employees is required, including gender, marital status, and a list of equipment provided. Companies must have a written telework policy that:
- promotes the prevention of occupational risk;
- aids communication to avoid social isolation;
- guarantees the right to privacy and disconnection;
- establishes the duration of working time; and
- allows breast-feeding mothers time to feed their children.
The teleworking location must provide adequate lighting, ventilation, privacy, and ergonomic conditions. Employers must supply documentary evidence to the relevant authorities to prove their compliance.
Virtual work in Colombia
Following the trend amongst other Latin American countries, as well as the rest of the world, during the past year, the Ministry of Labour in Colombia issued some decrees regulating virtual work. So far, Colombia establishes three different virtual work types.
- Work from home – this must be occasional, exceptional, or for special situations that prevent employees from working at the employer’s premises.
- Remote work – this is entirely remote and only involves contact for disciplinary procedures and health and safety matters.
- Teleworking – this is for hybrid working, in which employees work virtually two or more days a week. 100% virtual work is permitted in this third option, with employers being allowed to request on-site services anytime and for any business-related reason.
New regulations for working remotely in Peru
A new regulation came into force in Peru in February 2023. It was intended to be easy to apply, but in fact it contains several substantial obligations. For example, to have a written contract, to verify the safety conditions in which the employee works, and to pay compensation for expenses related to teleworking. This regulation applies to all kinds of hybrid work, even if the employee works remotely only once a week, or a few days a month.
Currently, the government of Peru is preparing a regulation with respect to “digital nomads”, to attract people who work 100% remotely in other countries.
“…during the coming months, it is likely that soon we will be in a better position to receive foreign teleworkers who wish to live in Peru.”
Baker McKenzie
