Remote Work implementation conditions

What did this Decree regulate?

This Decree regulated the conditions applicable to labor relations between private sector employers and remote employees, the functions and obligations of the Labor Risk Management Entities (ARL), and the different actors involved in the implementation and execution of remote work in the country.

• Likewise, the content of the remote work contract was regulated, such as:

1. The working conditions, i.e., the physical conditions of the workstation where the contracted service will be provided.
2. The list of the work elements that will be delivered to the remote employee for the effective development of his/her functions.
3. The computer security measures that the remote employee must know and comply with.
4. The exceptional circumstances in which the employee may be required to attend the work center, in accordance with the provisions of Article 16 of Law 2121 of 2021.

• Employer obligations such as:

1. Provide the Labor Risk Management Company with a copy of the remote employee's employment contract and fill out the form adopted for such purpose.
2. Inform the Labor Risks Administrator of the place chosen for the provision of the service, as well as any change of place.
3. Include remote work in its methodology for the identification, evaluation, assessment and control of hazards and risks of the company, adopting the necessary actions according to its annual Work Plan of the Occupational Health and Safety Management System.
4. Provide the remote employee with safe work equipment and adequate means of protection for the task to be performed.
5. Verify virtually the industrial hygiene and safety conditions of the place where the remote employee will develop the functions, with the advice of the ARL to which he/she is affiliated.

• Obligations of the remote employee:

1. Participate in prevention and promotion activities organized by the company, the Occupational Health Joint Committee or the Occupational Oversight.
2. Participate in the prevention of occupational hazards, report occupational accidents, occupational diseases, incidents, and disabilities.
3. To ensure compliance with the rules and comply with the recommendations of the employer and the Occupational Risk Management Company.
4. Follow the instructions regarding computer security, made by the employer.

• Obligations of the Labor Risks Administrators:

1. Establish a program that allows advising, training and issuing recommendations on posture and location of work tools in remote work.
2. Make the technological adjustments and platforms for reporting work accidents and occupational diseases, with special emphasis on remote work, informing on the platforms and virtual media that the Labor Risk Management Company has.
3. Accompany remote employees and employers in the verification of working conditions and occupational safety and health in accordance with the delegated surveillance and control.
4. To issue occupational health and safety recommendations to remote employees and companies, ensuring self-care as a preventive measure.

From when does this Decree apply?

This Decree is effective as of its promulgation, that is, April 9, 2022.

Other provisions as follows:

• Compensatory allowance for public services costs. The employer and the employee may, by mutual agreement, fix the cost of the monthly allowance that will compensate the costs of internet, telephony and energy, which may not be less than the value of the transportation allowance defined by the National Government.
• Compensation for the use of work tools owned by the remote employee. The employer and the employee may, by mutual agreement, settle on a monthly value of compensation for the use of work tools owned by the employee.
• Caretakers. The employer and the remote employee, by mutual agreement, may agree on compatible schedules in the events in which the employee proves to be the sole caregiver of minors under fourteen (14) years of age, persons with disabilities or older adults, in the first degree of consanguinity who live with the remote employee.