The Ministry of Work established basic guidelines for the proper development of work from home, which must be followed employers, employees, and Occupational Risks Insurance Companies. 

The Ministry classified these guidelines in four categories as follows:

1. Labor relations 

1.1. The employment agreement remains in force, as well as the employer ‘subordinate power. Likewise, labor, union and social security guarantees are maintained. 

1.2. Employees will carry out their activities in a similar way to those that they regularly carry out in their usual function. If duties other than those assigned in the employment agreement are performed, there must be mutual agreement between the parties.

1.3. There can be no unilateral decreases in wages on the ground that the activity will be carried out from home or remotely.

1.4. Work activities must be carried out allowing the employee the necessary rest to recover and share with his or her family unit. For monitoring employees, tasks, tools, frequency, evaluation model and approval or feedback regarding the report and / or results thereof must be defined.

The criteria for monitoring employees' tasks must obey to standard, objective, and previously described criteria. If different functions are performed, it is recommended that products or results to be delivered are agreed with the employee. 

1.5. Employers must guarantee employees ‘dignity, equal treatment regarding information access, and their privacy right.

1.6. To respect employees ‘rights, employers will try to avoid requests outside the working hours established in the employment agreement or including weekends and days off. Thus, employers will respect these times as a priority within the framework of employees' rights.

Nevertheless, during the performance of the work, contingencies may arise requiring the employee´s attention. Since these circumstances are exceptional and necessary, they must be addressed as a priority, without such eventual situation being considered as a form of labor harassment. 

1.7. In the case of employees who are breastfeeding, employers must maintain all periods legally established in their working hours to this effect.

1.8. The disciplinary procedure is still in force.

2. Working hours 

2.1. Work from home must comply with the maximum legal working hours (8 hours per day, 48 hours per week) and the maximum legal supplementary working hours (2 hours per day, 12 hours per week).

2.2. Employers and employees must respect working hours to guarantee the right to digital job disconnection and avoid the issues that can be generated in the mental health and emotional balance of employees.

2.3. Employers must pay overtime and surcharges for Sunday and holiday work when applicable.

2.4. Employers must maintain the usual workload of employees without additional surcharges or outside the daily service. However, it should be bear in mind that contingencies may arise in the service that must be addressed to avoid further damage to the employer.

2.5. Employers must promote spaces allowing employees to take active, hygiene and health protection breaks, as well as a minimum break between continuous meetings. Employees must comply with the guidelines issued in this regard and ensure their self-care.

2.6. Employers will ensure that daily working hours are divided into 2 sections, with an intermediate break that is rationally adapted to the nature of the work from home, the employees ‘needs, and work-life balance. This rest time is not calculated within the daily workday.

If the employee has established additional intermediate breaks, they must be maintained and applied. However, these breaks can be accumulated at lunchtime to facilitate the preparation of food and the development of family life by agreement between the parties.

2.7. Trust and management employees are excluded from the maximum legal working hours. 

3. Work-life balance 

3.1. Employers cannot assign workloads different from those established within the working day, in such a way that it does not interfere with its employees ‘personal and family spaces. 

3.2. Likewise, employers must respect work on agreed days. In this sense, during weekends and days off, employers shall avoid requesting tasks. 

3.3. Emails and messages via WhatsApp will be attended as a priority by the employee during the workday, always respecting personal life and rest time.

4. Occupational risks 

4.1. Employers must include work from home within their methodology for identifying, evaluating, assessing, and controlling company´s hazards and risks. Likewise, they will adopt the measures required within their annual work plan of the Occupational Health and Safety Management System.

4.2. Employers must notify the Occupational Risks Insurance Company the implementation of work from home, indicating the conditions of mode, time, and place.

4.3. The Occupational Risks Insurance Companies will include work from home within their promotion and preventive activities. Likewise, they will provide support to employers on the execution of active breaks, which must be included within the working day in a virtual way, either through videos or video conferences. 

4.4. The Occupational Risks Insurance Companies must send recommendations on posture and location of the tools used by the employee to carry out his or her work.
4.5. Employers must provide constant feedback to its employees on their performance and seek possible solutions for improvement when applicable.

4.6. Employers must monitor their workers ‘health and self-care recommendations to prevent COVID-19, in accordance with the guidelines established in the biosecurity protocols.

4.7. Employees must comply with the company's Occupational Health and Safety Management System, seek comprehensive health care, and provide the employer with clear, truthful and complete information about any change in their health that affects or may affect their own capacity to work, or that of other employees or the employer. 

Likewise, employers must participate in the prevention of occupational risks, report workplace accidents, incidents, and sick leaves, participate in virtual programs and activities to promote health and prevent occupational disease carried out by the employer or the Occupational Risk Insurance Company and in general, with all the obligations established in article 22 of Decree 1295 of 1994.

4.8. Employers must inform employees about the communication mechanisms through which they can report any type of novelty derived from the performance of work from home. Likewise, they must train employees on the reporting of accidents or work incidents. To do this, Occupational Risks Insurance Companies must update the report template. 

4.9. The coexistence committee must have mechanisms that facilitate complaints by employees.