Remote work, or telecommuting, has become an increasingly popular alternative in key labor sectors where salaries are typically high and job demands are specific. In Chile, Law 21.220, enacted in 2020, regulates this work modality to ensure the rights of workers and the obligations of employers, establishing clear standards for both parties.
But what are the legal implications of implementing these policies in high-income sectors? More importantly, how can companies comply with the regulations without compromising their competitiveness?
In this article, we will explore the legal implications of telecommuting in sectors such as mining and technology, and how to implement it correctly, ensuring compliance with the law.
Legal Implications of Telecommuting in High-Paying Sectors
Law No. 21.220, which regulates remote work and telecommuting in Chile, stipulates that workers providing services under these modalities will enjoy all individual and collective rights reflected in the Labor Code. As long as they are not incompatible with the specific provisions of said law.
In high-paying sectors like mining and technology, it is essential for companies to formalize the conditions of telecommuting in writing, detailing aspects such as the work schedule, functions, and responsibilities.
Additionally, the employer must provide and maintain the equipment, tools, and materials necessary for the performance of duties, assuming the costs of operation, maintenance, and repair of these.
It is crucial for companies to stay updated on current labor regulations and adopt best practices for successful implementation of this work modality.
Key Aspects of Law 21.220 on Telecommuting
Law 21.220 introduces modifications to the Labor Code, defining and regulating remote work and telecommuting in Chile. Some of the most relevant points include:
- Written Agreement: Telecommuting must be formalized through a contract or annex, detailing specific conditions such as schedules, work tools, and the place where the activity will be carried out.
- Right to Disconnect: Workers are guaranteed a minimum of 12 continuous hours of daily disconnection.
- Provision of Tools: It is the employer’s responsibility to provide and maintain the necessary equipment to perform remote work.
- Safety Conditions: Employers must ensure that the workplace complies with hygiene and occupational safety standards.
These provisions ensure a fair and equitable framework but also impose significant obligations on employers, especially in sectors where the nature of work can be more complex.
Labor Responsibility in Mining and Technology
In sectors like mining, where operations are often conducted in remote locations, telecommuting presents specific challenges. For example, employers must ensure that the tools provided are suitable for complex technical tasks and that workers receive training to use them correctly.
In the field of technology, where the nature of work is more flexible, the risk of data breaches is a constant concern. Chilean legislation requires companies to implement security measures to protect confidential information and workers’ systems.
How to Implement Telecommuting in Compliance with Law 21.220
To implement telecommuting in accordance with Law 21.220 in sectors like mining and technology, consider the following steps:
1.- Formalization of Telecommuting
It is essential to sign a contract or annex specifying all conditions of telecommuting. This document should include:
- Schedules and Availability
- Place Where Work Will Be Performed
- Responsibilities of Both Parties
Having a clear contract prevents future conflicts and ensures compliance with the law.
2.- Provision of Equipment and Tools
Employers must provide the necessary equipment, such as computers, specialized software, and secure internet connections. Additionally, regular maintenance is important to ensure the equipment functions properly.
3.- Continuous Training
Training employees in the use of digital tools and security measures is essential. In sectors like technology, this includes training on cybersecurity and data protection.
4.- Compliance with the Right to Disconnect
Employees with high salaries often have greater responsibilities, which can make it difficult to respect the right to disconnect. Employers should establish clear policies that limit communications outside of working hours, ensuring that workers can enjoy their free time without interruptions.
5.- Periodic Evaluations
Implementing telecommuting requires monitoring systems and performance evaluations. However, these systems must respect employees’ privacy rights, avoiding invasive practices. Chilean law permits supervision, but only under previously agreed criteria and respecting the worker’s dignity.
Regular evaluations of performance and workplace conditions are crucial. This allows for the identification of potential risks and timely adjustments to comply with regulations.
Benefits of Telecommuting in High-Paying Sectors
Despite the challenges it presents, telecommuting offers significant benefits, such as:
- Increased Job Satisfaction: Employees enjoy greater flexibility to balance their personal and professional lives.
- Reduction of Operational Costs: Companies save on infrastructure and expenses associated with transportation.
- Access to Global Talent: Telecommuting allows for the hiring of professionals regardless of their geographical location.
Contact Becker Abogados to Successfully Implement Telecommuting in Your Organization
At Becker Abogados, we have a team specialized in Chilean labor regulations. We can help you implement telecommuting policies that comply with Law 21.220 and are tailored to your company’s needs.
Becker Abogados ensures the success of your remote work policies.
