Provisions that establish exceptional and temporary measures to prevent the spread of Coronavirus (COVID-19) are developed
Emergency Decree No. 010-2020-TR has been published today. Main novelties include the following:
-The employer must confirm that they have trained their employees prior to the implementation of the remote work, once the employee establishes that remote work will be carried out through information technology applications different to the ones used before.
– The parties may agree on the compensation of any additional expenses incurred for the use of the means or mechanisms to perform remote work that are provided by the employee.
– The employer must specify the communication channel to be used by the employees so that they can report on the following: (i) the additional risks in safety and health matters they identify in the place where they perform the remote work; or (ii) the work accidents that may occur while they carry out their activities.
– The applicable working day shall be the one in force prior to the commencement of the remote work modality. The parties may agree that the employee can freely distribute their working day as it suits them best according to their needs, respecting the maximum legal working day. The distribution of the working day can be extended up to 6 days a week as a maximum.
– The following are included as serious infringements with regard to the labor provisions to prevent the spread of COVID-19:
a) Order, demand or allow the entry or presence of employees in the workplaces when: (i) the activity they perform is not exempted from the National State of Emergency; or (ii) their work is not strictly necessary within the scope of the exception.
b) Failure to comply with the regulation applicable to remote work for employees considered in the risk group during the national and health emergency.
