Which new measure has been started by the government?

The labor ministry is notifying companies with teleworkers they must register them, as well as the software they connect to

step by step, Government is moving forward de facto deletion of the home office: First, he pushed a draconian law in Congress; Then, he controlled it; and now already obliges companies that have teleworkers to register and register the software what they use.

Hernán Cuenca Martinez of PwC Argentina reported iProUP He “The greater rigidity of the regulation is in contrast to the flexibility requested by the same employees. And what is the trend that companies have been growing rapidly for a few years now”.

,In October, the Ministry of Labor created a registry of companies that follow the teleworking modality.Either under a full system (fully remote) or mixed (a combination of face-to-face days and home office days)”, recalls Carolina Piatti from A&F Allende-Ferrante Studios.

Now, Companies started getting official notificationsurging them to register, as well as home office payroll And this the platform they use to connect.

What does the Ministry of Labor ask companies with home offices?

Russell Bedford assigns to Juliet El Yar, Director of the Labor and Social Security Sector of Argentina Studies iProUP that launched the “Labour portfolio First phase of notification inviting companies to register their employees in the telework registry”.

And he comments: “Those who use this method must register with the ministry, Validating Software or Platforms and Payroll of people who do these things,” he says.

,Records should be updated every month and before each new employee Production, This information should be sent to the concerned union unit“, l completes the man, and adds that the process is done by” Public Procedures Ministry of Labor and via option Telecommuting – Payrollin the portal works.gob.ar,

,Sure also notify employees leave and leave which are produced monthly”, explains Piatti.

What are the sanctions that companies can face for not registering

Piatti holds that although “the date of creation is October of the previous year, Many companies not registered by Telework And they’re in a ‘real’ home office setup.”

Furthermore, it cautions that “the Ministry may consider that he has committed a serious breach, ‘breach of the rules relating to contractual modus operandi’ and the imposition of a Fine between 30% to 200% of the monthly value of minimum, vital and mobile wages applies to each affected employee at the time of verification of the breach”, which is $84,512 today.

On the other hand, “any inspection by the applying authority, if necessary, shall be prior authorization of the person performing the work“El Man warns.

9 steps to register and continue with the Home Office

Piatti explains that the essential requirements to start the process are cuit employer or representative who initiates the process Get authorized before AFIP,

Experts confirm that telecommuting laws hurt both companies and employees

Experts confirm that telecommuting laws hurt both companies and employees

Meanwhile, for register The following steps should be followed:

  • enter website public procedures of the nation’s Ministry of Labour, Employment and Social Security
  • Search transmission
  • website leads AFIP pagein which it must be filled CUIT and the Tax Code
  • Once you enter the process, Complete with initial delegate and employer data represents
  • Search labor wages And then, Download list of workers to complete, System will download an excel file
  • complete the teleworking employee data
  • save excel file
  • answer the rest of the questions
  • Press send process,

Piati says:System Will confirm receipt of note and file number sent Tosigned by email Through a certificate sent by the employer to the registered CUIT for TAD (Distance Procedures Platform). The assigned file number will be used for any consultations or subsequent submissions related to the teleworking registration process.

In which case there is no obligation to register in the Registry

in the following cases Telecom Law does not applySpecify in Marvel, O’Farrell and Marrel:

  • When remote work is performed at customer premises
  • If the work is performed sporadically and occasionally at the request of the person doing the work
  • when it is due to an extraordinary circumstance

,arrangement is included Mixed Action Plans teleworking and face-to-face”, he remembers.

Key points of telework law

What are the rights and responsibilities of teleworkers

From comments by Marvel, O.Farrell and Marvell iProUP The following rights and responsibilities of remote workers:

  • “they will have equal rights and obligations that those who perform under face to face,
  • “His wages cannot be less that they feel or will experience” if they go to the office
  • “they should enjoy”digital disconnectionthey have the right rest, recover and recuperate between the end of one day and the next”
  • “they have the right”Not working outside working hours, except in exceptional cases, accidents or force majeure,
  • “The work I give out of your schedule will used to considered overtimeAccording to the regime and its hierarchy of daily and weekly work”
  • “they shall have the right not to be contacted and to be disconnected outside their working hours and during leave periods, and cannot be punished by the employer,
  • “Who prove that they are in charge of Caring for children under the age of thirteen, people with disabilities or older adults the one with whom he lives will have the right The schedule is compatible with care tasks and/or to disrupt the day”
  • Right of Reversal: “The employer is required to discontinue the provision of tasks by teleworking and in-person assignments, after citing a reasonable cause to justify his request”
  • “Consent given by the individual working in person to switch to teleworking modality can be canceled at any time,

Analía Saetta and Andres Tellado from KPMG Argentina warn IProUP: “On the basis of this Regulation, it is necessary to understand How does resilience affect each company? and how to install long term sustainable policies and procedures for successful implementation of transmission,