NOOOO. Resolution 71 of 2021, establishes a regulation covering the specificities of teleworking and telecommuting.
Both modalities are flexible forms of work organization, associated to the presence or not in the work center.
For its implementation, the management, together with the union, must define, based on the approved structure and payroll, the work areas and positions, which modality to use according to the nature of the activity, and what is decided is included in the Collective Bargaining Agreement.
It is defined that telework is performed from home or another location outside the center and communication with the employer is maintained through technological means.
While telecommuting does not depend on technology, but on the interaction between bosses and employees. Those who choose this variant must come to the company or office to deliver or review the work and receive instructions.
According to the Ministry of Labor and Social Security (MTSS by its Spanish acronym), these forms of work organization increase productivity, reduce fixed costs, improve workers’ quality of life, encourage teamwork, promote social inclusion, contribute to improving mobility, and promote the use and appropriation of information and communication technologies.
There must be adequate planning and control, as endorsed by Law 116, Labor Code, (2013), which states that «the place of work, as well as the schedule and the duration of the workday, must be agreed between the parties».
So what is holding back the increased use of these employment options in the country today?
