Modifications for the implementation of telework

Hiring mode

The possibility of initiating the modality of teleworking is preserved, either by means of an employment contract, when they are hired for the first time, or by means of an agreement or addendum to the contract, when there is already an employment relationship, but some of the elements that the contract or agreement must contain were modified, adding the obligation to indicate the modality of teleworking to be executed, as well as the description of the minimum requirements of the job position for the development of the contracted work in ergonomic and technological aspects.

Handling of work tools and equipment

It is established that the employer must provide the equipment and tools for the development of the contracted work, such as computer equipment, software, virtual repositories and programs. However, it opens the possibility of agreeing with the teleworker that the equipment and work tools are provided by him, in which case the teleworker is obliged to keep them in good working condition to meet the requirements of the service.

In the latter case, employer and teleworker can, by mutual agreement, agree to grant a monthly sum as compensation for the use of tools owned by the teleworker or public servant.

Payment of utilities

The Decree states that the employer and the teleworker or public servant can, by mutual agreement, fix the cost of the monthly allowance that will compensate the costs of internet, fixed and mobile telephony and energy. Also, it will be possible to agree that the employee or public servant will assume in its totality the cost of the services of internet and energy, if so agreed between the parties.

Teleworking Policy

Undoubtedly one of the most important changes is the elimination of the obligation to have a chapter on teleworking in the Internal Working Regulations, for the private sector, or to modify the Manual of Functions and Labor Competencies, for the public sector, being now necessary to have only an internal policy of teleworking in which the terms, characteristics and conditions of work under this modality are regulated according to the needs and particularities of the service.

This policy must have at least the following provisions:

1. List of the positions that can perform their functions through teleworking. 
2. Requirements of application in terms of behavioral, organizational and technological competencies necessary to be teleworker.
3. Provisions to make real and effective the equality of treatment. 
4. Equipment and software, ICT platforms and tools, information systems.
5. Conditions on the confidentiality of the information and business secrecy, as well as protocols for the respect of the personal and family privacy of the teleworker. For the case of the public sector shall take into account the provisions contained in Law 1712 of 2014, as related to the right of access to public information.
6. Points of contact for purposes of complaints of harassment at work; requests to COPASST; requirements or announcements to the area of human talent or whoever takes its place; point of contact to report accidents or occupational diseases.
7. Description of the measures and activities of prevention and promotion in favor of the teleworker and his inclusion in the Occupational Safety and Health System.
8. Actions included in the training plan on issues inherent in the effective development of teleworking. 
9. The minimum description of the required workspace, which will include the definition and size of the place necessary to establish the workstation taking into account the number of computers to be used and the size of the equipment required, according to the functions assigned to the employee or public servant. 

It should be clarified that those private sector employers who have made the addition to the Internal Labor Regulations of the chapter on teleworking before the entry into force of that decree shall not adopt such policy.

Elimination of barriers to telework implementation

It is established that the previous visit to the workplace may be carried out virtually or in person by the employer or public entity, with advice from the Labor Risk Management and prior coordination with the employee or public servant. However, it is noted that this previous visit may not constitute an impediment to the start of the modality of teleworking.

It is also noted that whenever there is an agreement between the parties about the implementation of teleworking, may not be conditioned its initiation to compliance with requirements that constitute barriers, such as the requirement of information systems to track teleworking activities, among others.

Additional changes

• Obligations of the parties: The obligations of the employer, the teleworker and the Labor Risk Management in the development of the modality of teleworking are clearly and precisely indicated.

• Supplementary teleworking: Let us remember that under this modality of teleworking the teleworker can work two or three days a week at home and the rest of the time in an office. With the new Decree it is clarified that the days of presence and teleworking may be fixed or variable, according to the needs of the employer.

• Registration of teleworkers: The obligation of the employers to inform the Ministry of Labor the number of teleworkers linked to the company is maintained. However, new guidelines are established for the Ministry of Labor and the Ministry of Information Technology and Communications (MINTIC) who must design and implement the system in which companies and public entities will register the linkage and other news of employees or servers included in the modality of teleworking. The lack of implementation of this system will not constitute a barrier for the beginning of teleworking.

In Mazars we have a whole work team in the labor area that will be able to support you with the elaboration of the new teleworking policy established in this Decree, as well as the fulfillment of the other obligations here indicated for the implementation of telework as a labor modality within your organization.