Colombian regulation outlines three ways of work that don’t require the worker to be present at the office or plant. Get to know the characteristics of these modalities and the obligations that employees and employers have in each case.
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Work from home
It takes place due to unexpected and special situations, such as that resulting from the Covid-19 pandemic in 2020. Its length is for three months, extendable for another three months or until the unforeseen event disappears.
Under this modality, employers and employees must abide by the following conditions:
- The maximum working time is 48 hours a week.
- Employers must promote active breaks.
- The employee may disconnect once they have finished their work.
- The worker can only have the normal workload and should not be assigned additional tasks, while economic, legal, and social conditions remain the same.
- Workers breaks must be respected.
- Connectivity assistance should replace the transportation assistance.
The complete dispositions for this modality are contained in Law 2088 of 2021, Decree 491 of 2020, and Decree 649 of 2022.
This modality, in which all activities are to be performed 100% remotely, is determined at the beginning of the work contract and its duration covers the entire term of the contract. However, people who work on-site can also agree to this work modality with their employer.
Following this modality, employers and employees must observe the following:
- The same mandatory legal and social benefits load as other working modalities are required.
- There is no exclusivity of the worker, unless there is a mutual agreement defined in the contract.
- The employer must guarantee physical and psychological well-being through the adequacy of the workspace and must verify (by virtual media) the conditions of industrial hygiene and safety.
- There is the possibility of distributing the workday over the week and there is flexibility when the employee has dependents.
- The employer must provide workers with work equipment, technological tools, and instruments. They must cover the cost of energy, internet service and telephone.
- Both employer and employee, must guarantee labor disconnection.
The complete dispositions for this work modality are contained in Law 2121 of 2021 and Decree 555 of 2022.
This modality relates to the situation in which the activities are carried out in places other than the usual workplace. The duration of this modality is defined by the contract, and there are three types of telework:
- Autonomous: Independent workers or employees using ICT to do their job from any place chosen by themselves.
- Supplementary: Workers with a formal contract who work some days at the office and some days at a place outside of it using ICT to comply.
- Mobile: Employees whose activities allow them to work from different places. They do not have a workplace established and complete their tasks using mobile devices.
Under this modality, employers and employees must observe the following:
- It requires the same mandatory legal and social benefits load as other working modalities.
- The employer determines the teleworker’s schedule and responsibilities to delimit responsibility in the event of an accident at work.
- The employer must provide teleworkers with safe and secure work equipment and adequate means of protection by training and informing them on risks derived from their work.
- The employer must guarantee the maintenance of work equipment and devices and cover the energy costs.
All the dispositions for this modality are held in Law 1221 of 2008 and Decree 884 of 2012.