Decree 649 of 2022: Enabling work at home

What did this Decree regulate?

This Decree regulated the authorization of work at home for employers and private sector workers, the procedure, obligations and conditions necessary for the development of this authorization and to be able to make use of the legal figure of work at home.

Likewise, given that work at home was regulated and defined by Law 2088 of May 12, 2021 as a form of service provision in occasional, exceptional or special situations, which arise within the framework of an employment relationship, the Decree specified what is understood by "occasional, exceptional or special circumstances" and indicated what is meant by "occasional, exceptional or special circumstances" and indicated what is meant by "exceptional or special circumstances", exceptional or special" and indicated that these are extraordinary and non-habitual situations, "which are deemed to be surmountable in time, attributable to external, non-work-related events or events within the orbit of the worker or the employer that allow the worker to perform the contracted work in a place different from the usual place of work".

Thus, if there are no such exceptional or special circumstances, it is not a case of working at home.

Next, the decree regulated the application and procedure for the authorization of work at home for both workers and employers, as follows:

On the employer's side:

1. Communication sent to the employee in physical or digital form. Such communication must contain at least the following:

1.1. The brief description of the occasional, exceptional or special situation that allows granting the home work enablement.

1.2. The term of the home work authorization.

1.3. The functions to be performed by the worker during the home-working authorization.

1.4. The means of communication through which the employer and the worker may inform any new development.

1.5. The channels of denunciation and complaint to present concerns or claims for violation of the right to work disconnection and/or labor harassment.

1.6. The address from which the contracted work will be performed, which must be reported by the employer to the Labor Risks Administrator (ARL), as well as any modification thereto.

1.7. In the event that the worker has his own equipment to perform the contracted work, there must be a record of the existing mutual agreement to do so.

1.8. In the event that the equipment is supplied by the employer, the list of equipment, programs, as well as the responsibilities regarding the custody of the work elements and the procedure for their delivery and return by the worker must be indicated.

1.9. The computer security measures that the worker must know and comply with during the enabling of work at home.

Some obligations of the employer regarding home work:

1. Prior to the authorization to work at home, the employer must inform the Labor Risk Management Company about the authorization to work at home, indicating the address from which the contracted work will be performed, as well as any modification thereto, and the period for which the authorization was granted, by filling out the form adopted for such purpose and provided by the Labor Risk Management Company.

2. Prior to the enabling of work at home, the employer must have the necessary procedure to protect the right to work disconnection.

3. Prior to the authorization to work at home, the employer shall guarantee the adequate use of information and communication technologies, through training.

4. Inform workers of the communication mechanisms for reporting any new developments arising from the enabling of work at home and instruct workers on the reporting of occupational accidents or occupational disease.

On the part of the employee:

1. Written communication to the employer in physical or digital form, clearly stating the reason for the request, for which proof of the request must be attached.

2. The employer shall review the origin of the cause invoked by the employee within a term not exceeding five (5) days and shall give a positive or negative answer to the employee in writing, either physically or digitally.

3. In addition to the existence of exceptional, special or occasional circumstances, within the criteria to be taken into account for the enabling of work at home are:

3.1. That the work can be performed outside the usual place of work, without prejudice to the adequate personal provision of the contracted service.

3.2. That the required tools are available for the enabling of work at home;

3.3. That the enabling of work at home does not generate a lower productivity of the worker.

Some obligations of the home-based worker regarding home-based work:

The worker enabled to work at home undertakes to:

1. procure the integral care of his health, as well as provide the employer with clear, truthful and complete information about any change in his health condition that affects or may affect his own ability to work.

2. Comply with the rules, regulations and instructions of the company's Occupational Safety Management System.

3. Comply with the instructions regarding computer security, made by the employer.

4. To provide the employer, no less than five (5) days in advance, with the changes of address that he/she is planning to make.

From when does this Decree apply?

This Decree is effective as of its promulgation, that is, as of April 28, 2022.

Other provisions as follows

- Compensation for the use of work tools owned by the worker. The employer and the worker may, by mutual agreement, agree on the monthly value of compensation for the use of work tools owned by the worker.

- Alternation. The employer may determine that the work at home is carried out under the alternation model, that is to say, that the development of the contracted work is carried out some days of the week in person and other days, through work at home.

- Work at home abroad. The authorization to work at home may be granted to work from abroad, for which the worker must have the express authorization of the employer.

- Termination of the authorization to work at home. Upon expiration of the term of the authorization to work at home, the termination and the return to the usual place of work shall be immediately notified.