On July 18th, 2022, the Ministry of Labor issued Decree 1227 of 2022, through which the following modifications of the teleworking ‘regulation were implemented (the “Decree”): 


  • Teleworking Agreement: must regulate, at least: 
  1. The required conditions for the employees to render their services, the technological and environmental means required, a description of the equipment and software needed, as well as a description of the restrictions that the employees have and the sanctions that can be imposed when he/she does not comply with the requirements mentioned above. 
  2. The modality of teleworking that is going to be implemented and the applicable working schedule. 
  3. The responsibilities regarding the custody of the working tools and the restitution of the employer's working tools when the employment agreement is terminated. 
  4. The digital safety measures that should be known and complied by the employees. 
  5. The conditions of the place where the services will be rendered, considering ergonomic and technological aspects. 
  • Internal Working Regulations (IWR): To enable teleworking, employers are no longer required to modify the IWR nor the Manual of Employment Competences and Duties. 
  • Employer's obligation: The following obligations were regulated:
  1. The employer must fill out the teleworking form issued by the Labor Risk Administrator (ARL for its acronyms in Spanish).  
  2. The employer must inform the ARL the modality of teleworking that was chosen. In case of autonomous or supplementary teleworking, the employer must inform the place where the services are going to be rendered. The employer must inform the ARL if the employee changes the place where he/she has been rendering services. If the supplementary modality is going to be implemented, then the employer must inform the ARL the conditions through which the services are going to be rendered. Regardless the chosen modality, the employer must indicate the working schedule, the risk that corresponds to the services rendered by the employees and the type of risk of the employer's activities. 
  3. The employer must include the teleworking in the methodology to identify, evaluate, assess, and control the work related-risks, and taking the required measures in accordance with the annual Work Plan of the Management System for Safety and Health at the Workplace (SG-SST for its acronyms in Spanish). 
  4. The employer must communicate to the employees the mechanism to report any novelty that arises when rendering the services. The employer must indicate the way in which the employment-related accidents or diseases shall be reported. 
  5. The employer must provide to the workers the equipment and working tools for the provision of the services, and it must guarantee that the employee receives the information regarding the risks that could arise from the usage of technological tools. In any case, the parties may agree that the employee uses his/her own working tools to render services. 
  6. The employer must promote the protection and the respect of the employee's human dignity regarding the possibility to access information and his/her privacy. 
  7. The employer must guarantee the disconnection right and must prevent any impact on the employee's mental health and emotional balance. 
  8. The employer must order the performance of medical occupational evaluations.  The medical evaluations may be performed by virtual means in accordance. 
  9. Previously train the employees regarding the prevention of work-related risks principally, self-care, metal health and other risks such as the ergonomic or biomechanics risks, as well as the proper usage of the ICT and digital safety. The training can be performed virtually. 
  10. The employer must inform its employees the applicable restrictions when using the employer’s equipment and software, the current and in force norms regarding the protection of personal data, intellectual property, information safety, and the sanctions that could be imposed when he/she does not comply with those provisions.  
  11. The employer must perform wellness and training activities. 
  • Teleworking policy: The employer must issue and publish a teleworking policy. This policy must be published virtually and must regulate, for example, the job positions that can render services through teleworking, the conditions that must be met regarding confidentiality and the ways through which employment harassment complaints should be presented. 
  • Teleworkers obligations: new obligations were regulated. 
  • ARL´s obligations: new obligations were regulated.
  • Visits to the place where the employee is going to render his/her services: can be performed by virtual means. 
  • Reversibility: The employee's reversibility right was regulated, and it has been conditioned to the employer's capability of having a workplace. 
  • Internet and phone allowance: The employer and the employee may agree the recognition of a monthly allowance to cover the expenses of internet, telephony, and energy. Likewise, if agreed, employees may have the obligation to pay all the internet and energy expenses. The employer and the employee may agree on a monthly allowance if the employee is rendering services with his/her own working tools. 
  • Report: The employers should report to the Ministry of Labor the number of teleworkers through the digital form issued by the Ministry of Labor.
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