Remote work regulation

On April 9th, Decree 555 of 2022 (the "Decree") was issued, which regulates and establishes the general guidelines for implementing remote work in Colombia. 

The following are the main changes of Decree 555 of 2022, regarding remote work:

1.    Minimum content of the contract in which the remote work modality is agreed upon. If the employer and the employee agree on the provision of services through remote work, the following clauses shall be included in the employment contract: 

  • The physical requirements to be met by the workplace from which the services are provided.
  • The functions to be performed by the employee.
  • The work tools to be provided and the employee's responsibility for their custody, delivery and return procedures. However, the parties may agree on a monthly compensation amount for the use of work tools owned by the employee.
  • The parties may mutually agree on a compensatory allowance for public services costs. In this case, the amount of the allowance to be paid by the employer to compensate for energy, internet or telephone expenses incurred by the employee shall be included in the employment contract. This amount shall not be less than the legal transportation allowance.
  • The computer security measures that the employee must comply with.
  • The exceptional circumstances in which the employer may require the employee to go to the company's workplace. According to article 16 of Law 2121, the employer may exceptionally require the employee to go to the premises only in the following cases: (i) Verification of standards and requirements that tools and work equipment must meet; (ii) When work equipment must be manually installed or updated; and (iii) When the employee repeatedly fails to comply with his/her work obligations and is eventually called for a disciplinary process. 

2.    Special obligations. The Decree also established the obligations of the employer, the employee, and the Labor Risks Administrator (ARL), which are set out below:
 

  Obligations under remote work
Employer
  1. To send the ARL certain information (copy of the employment contract, filling out the form required by the ARL, identification of the workplace and changes in the latter).
  2. Regarding occupational health and safety, the following obligations were stipulated: (i) Include the remote work modality within the Occupational Health and Safety Management System (SG-SST); (ii) socialize the mechanisms for reporting occupational accidents or illnesses; (iii) virtual verification of hygiene and safety conditions of the workplace with the advice of the ARL.
  3. Guarantee the right to disconnection and establish communication mechanisms between the employer and the employee.
Employee
  1. Comply with the provisions derived from the SG-SST. Participate in the prevention and promotion activities of the latter.
  2. Use the personal protection and self-care elements in the performance of his/her duties.
  3. Comply with IT security rules.
  4. Provide truthful information about the workplace and any changes.
  5. Restitution of work tools that have been delivered.
Labor Risks Administrator (ARL)
  1. Develop prevention and care mechanisms. 
  2. Permanent accompaniment. 
  3. Creation of a form for affiliation to the Occupational Risks System for remote work.

3.    Work schedules

  • The Decree establishes that the employer and the employee, by mutual agreement, may agree on flexible working hours, provided that the weekly working schedule is complied with. 
  • Likewise, the employer may implement technological tools to determine compliance with the weekly working hours and to protect the right to disconnection.
  • The parties may also agree on "compatible schedules", in case the employee proves to be the sole caregiver of children under 14 years old, disabled persons or elderly people who live with the employee.
     

 

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