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WORK AT HOME, IMPORTANT ASPECTS TO TAKE INTO ACCOUNT

Working at home has become a quick implementation solution for many Colombian companies. Today we bring you some important aspects to take into account in this business practice.

Through Circular 0041 of 2020, the Ministry of Labor, in the context of the pandemic caused by the Coronavirus COVID-19, has listed a series of measures that both employer and worker must take into account regarding the multiple challenges that the figure of working at home can generate. These guidelines seek to ensure the correct development of this figure through four relevant aspects:
 

  1. In terms of labor relations: people who work at home perform their activities in a manner similar to their usual function. If functions other than those assigned in the employment contract are to be performed, there must be a mutual agreement between the parties. Working at home implies that the subordinate power between employee and employer remains in force, as well as all labor, union and social security guarantees; working hours are maintained and the disciplinary procedure known by the parties remains in force.

 

  1. Regarding working hours: employers and workers must adhere to the working hours and working hours, and work at home must comply with the provisions regulating the maximum permitted working hours, as set forth in Article 161 of the Substantive Labor Code. Likewise, in the case of work at home, overtime, day or night, may not exceed 2 hours per day and 12 hours per week. The work must be in accordance with the normal workload, without additional or unusual workloads.

 

  1. Harmonization of work life with family and personal life: employers are called upon to reconcile the work performed by the worker with the activities of caring for children and adolescents, as well as elderly people who require care from the worker.

 
Also, the right to rest, leisure and healthy entertainment must be respected, which is why the employer may not assign workloads different from those corresponding to the workday. Work must be performed on the agreed days and, therefore, on weekends and rest days, requests for tasks must be avoided. Finally, emails and WhatsApp messages will be answered by the employee during the working day.
 

  1. Aspects related to labor risks: the employer must notify the labor risk management company of the temporary performance of the worker’s activities from home, indicating the conditions of mode, time and place. The managers shall include work at home in their promotion and prevention activities, and shall send recommendations on posture and location of the elements used for the worker’s work.

 
The employer shall follow up on the health status of its workers and provide feedback on any difficulties that may arise in the development of the workers’ work. Likewise, the employer must provide and inform the workers of the communication mechanisms to report any type of news derived from the performance of their work at home.
Workers must comply with the Occupational Health and Safety Management standards from home, ensure the integral care of their health, provide accurate information, participate in risk prevention through the joint occupational health and safety committees, report accidents, work incidents and incapacities and, in general, comply with all the obligations of Decree 1295 of 1994.
Our law firm accompanies employers and workers in the correct implementation of the exposed guidelines, due to the responsibilities and inconveniences that could be derived from a bad development of the figure of work at home.
 
 
 

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