The pandemic accelerated the treatment of a new policy to regulate the home office. What are the main changes for companies and employees
The commission on Labour Legislation of the Chamber of Deputies left this Wednesday ready the project that regulates the telework to be discussed at the next session, which would be the Thursday, at the sign of the opinion of the majority in the framework of an agreement between the ruling party and the opposition.
Before the meeting, in Front of Everyone and Together for Change worked against the clock to bring positions nearer, and finally the agreement that is embodied in an opinion unified, despite the fact that the opposition signed with objections partial.
The original draft was he joined a 90-day period for the entry into force of the law, after the termination of the Social isolation, Preventive and Obligatory, to give a margin of time to employers to adapt to the demands which will require the new regulatory framework, something that in full quarantine is considered to be dangerous by the sharp fall of the activity.
In introducing the discussion, the chairman of the commission, Vanesa Siley (Front of Everyone), noted: “We have arrived at a consensus where there was that joint interests are often conflicting and as well, and we’ve all cast an opinion the protection for the job.”
For his part, the vice-president, Albor Cantard (UCR), stressed that the purpose of the regulation is “secure a floor of rights to workers“while the specifics of the performance are left to the negotiations of the collective agreements for each activity.
The deputy pro-government and holder of the CTA Workers, Hugo Yasky, thought that “it is a form of to avoid these legal loopholes that usually end in abuse of some sectors entrepreneurs“.
In turn, the head of the Civic Coalition ARI, Maximiliano Ferraro, highlighted the importance of creating a legal regime for telework, but said that “it is a missed opportunity the lack of fiscal incentives in this context of profound crisis that affects strongly to small and medium-sized enterprises”.
Telecommuting: companies should provide equipment to staff and ensure the right to “disconnect”.
Telework: what changes are driving the law?
– The initiative modifies the law of Contracts of the Work and indicates that the persons working under the mode remote “shall enjoy the same rights and obligations that the people who work under the modality and their remuneration will be the one corresponding to the collective labour agreement, and may not be lower, in your case, to the perceived or would be perceived under the modality face-to-face”.
– Among other things, the proposed rule notes that the employment benefit at a distance it is voluntarymay not be imposed by the employer, and therefore reversible, the time that regulates the “right to disconnect” the remote employee.
– Set “the employer must provide the equipment – hardware and software-the tools and the support necessary for the performance of the tasks, and bear the costs of installation, maintenance and repair of the same, or the compensation for the use of tools of the working person”.
– In the case of breakages, damage or wear of the technological instruments of work, the employer shall be responsible for its replacement or repair.
– Meanwhile, the worker at a distance “have the right to compensation for the higher costs in connectivity and/or consumption of services that ought to be tackled”, and “such compensation will operate in accordance with the guidelines established in the collective bargaining, and shall be exempt from income taxes”, a condition that had been requested by the CGT.
– In terms of the tasks of care, it states that those who “prove to be in charge, of a sole or shared care of persons under 13 years of age, persons with disabilities, or adults who require specific assistance, shall have the right to schedule compatible with the tasks of care to his charge, and/or to disrupt the day.”
– In the case of the reversibilitythe project clarifies that “in the contracts is agreed upon the modality of telework at the beginning of the relationship, the eventual change to the modality face-to-face will operate in accordance with the guidelines established in the collective bargaining”.
– On the “right off“, it is stated that the remote worker will have the “right not to be connected to and disconnect from the digital devices” out of your working day or during periods of licenses, at which time the employer will be prohibited from “sending of communications by any means” in those periods.
– The enforcement authority designated by the Ministry of Labour which will have under its responsibility the control as well as dictation of standards of safety and hygiene.
Companies technology and knowledge economy, which add greater experience in implementing the teleworkthey ask that the regulation is aimed at achieving the Congress in respect of this mode of work is general and flexible enough as to that, then, every sector finds the best way to implement this and reap the benefits.
They fear that the imposition of certain conditions will inspire professionals in these sectors to seek better opportunities in foreign firms, although they are still living in Argentina.
In a position matching is expressed both Argencon as CESSI, the chamber representing the businesses of knowledge economy in the first place, and to the software and service software in the second case. Both were in favor of moving forward with a regulation that establishes general principles for various activities to take advantage of the benefits of remote work. But also be careful not to get so restrictive.
The knowledge economy is the one that accumulates more experience in the implementation of telework
Since the start of the quarantine, the past 20 of march, all those activities could be exerted remotely began to run under this mode, even when not implemented in the vast majority of argentine companies, especially by the resistance of organizations to move forward in that process.
From Argencon observed, issues related to the training, with the creation of new records and the need to be careful with the hiring of staff from outside.
“The training is done in conjunction with the ministry and the trade unions do not share it. We seem not to have to intervene in that aspect. Nor does it believe additional records because the ART already have registered for the workers”, he said to iProfesionalLuis Galeazzi, president of Argencon.
For the steering, the remote work is variable, and can be developed in the home of the employee but also on the client, or even in a bar or in a co-working space, modalities existing in the industry technology and knowledge.
“The rules should apply to when the work is done in the house and contemplate what elements you need to the person, as well as the costs associated with connectivity. But this has no logic is applied, for example, when the worker is circumstantial,” he said.
In the knowledge industry and of the technology part of the jobs tend to be project-based, that is to say, the need to attend to a case in point and, to do so, forming a team whose members are not necessarily all employees of the company. The concern stems, in cases such as these, in which you have an opportunity is lost because of the rigidity of a rule that would continue with formats that work well today, at least in that sector.
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