Resolution No. 23/2020 recently took effect in the Dominican Republic and sets out teleworking measures, including the provisions that must be included in teleworking agreements, and a new right for employees to disconnect. Teleworking agreements concluded prior to the resolution taking effect must also comply with the new standards, and employers should have filed them with the General Directorate of Labor by 12 Feb 2021.  

Highlights

• Telework is defined as work done remotely using technology, either for some or all of an employees’ working time. Teleworking is voluntary, and arrangements must be set out in a written agreement between the employer and employee. 
• Teleworking agreements must be incorporated into the employment contract and signed copies submitted to the Ministry of Labor. The teleworking agreement must include a description of the teleworker’s tasks; the location where the work will be done; salary; assigned department and supervisor’s details; arrangements for supervising the employee’s work; the right to verify the teleworker’s working conditions; the equipment to be provided by the employer; any additional costs that the employer will cover, if applicable; and the procedures for reversing the telework agreement. Under the resolution, the employer or the employee can reverse a decision to telework, subject to 30 days’ notice.
• Employees are responsible for the employer’s equipment and other materials, and must only use them for work purposes.
• The employee’s chosen place of work must comply with certain safety and health standards, and employers must inform teleworkers about the applicable occupational safety regulations. The Ministry of Labor can inspect teleworking locations to verify compliance.
• The resolution introduces for the first time the right of employees to disconnect, and calls on employers to draw up accompanying policies.
• Employers can install computer surveillance to verify productivity, but they cannot use video surveillance if the employee is working from home.

Related resource

• Resolution No. 23/2020 (Spanish) (Government of the Dominican Republic, 11 Dec 2020)