Argentina clarifies remote working rights post COVID-19 pandemic 

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February 02, 2021

Argentina recently issued a decree clarifying the legal framework established in Law 27555 for employees to telework after the COVID-19 pandemic has ended.The telework law was originally set to take effect 90 days after the government declares the end of the compulsory COVID-19 quarantine period, but the decree clarifies that the Ministry of Labor, Employment and Social Security will issue a resolution setting the start of the 90-day period. 

Highlights of the teleworking regime

  • Telework is done remotely, either completely or partially, requiring the use of information technology and telecommunications. 
  • Employees cannot be forced to work remotely except in cases of force majeure. Remote employees may reverse their decision to work remotely, unless they were initially hired as a remote employee. Employers must fulfill these requests within 30 days of receiving them. 
  • Remote employees will have the same rights, pay and representation rights as employees who work at their employer’s establishments. 
  • Employment contracts must detail an employee’s remote working status and working hours. Employees have the right to disconnect, and employers generally cannot ask remote workers to work beyond their scheduled working time. Employees can ask for their work schedules to be adjusted to help reconcile work and certain types of care responsibilities. 
  • The government will issue workplace safety and health regulations applicable to remote workers. 
  • Employers must pay for, provide, install and repair the necessary equipment, and support their employees who work remotely. Employers must reimburse remote employees who use their own equipment. 
  • Employers must seek prior authorization from the Ministry of Labor, Employment and Social Security before hiring foreign nonresident employees to work remotely, and collective agreements should include a cap on the number of foreign remote employees. 

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