Argentina: legislation being prepared to regulate telework

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Once drafted by the Congress Labor Committee, the text (the necessity for which both government and opposition parties agree) could be examined during the next parliamentary session (still to be set). This initiative has government support and has seen its scheduling being fast-tracked due to the coronavirus crisis. As such the parliamentary committee has organized several hearings with the social partners to exchange on arrangements for framing this form of professional activity (working) and with the hope of reaching a consensus. In recent days, trade unions, employers’ representatives and the Ministry of Labor have set out their main lines of approach by way of videoconference, while Buenos Aires and its greater metropolitan area continue under lockdown until at least 28 June. The points at issue include respect for working time, the right to disconnect from work, potential additional costs from accident-at-work insurance cover, and the differences to be established between small and large companies. The potential for employers to cover internet connection, gas, and electricity costs was also put forward. According to the daily business publication El Cronista, teleworking would likely be on a voluntary basis, with a written record and the possibility of unilateral rejection ‘at any time’. This final repudiation element has been criticized by the Chamber of Commerce, which highlights the organizational problems that could arise. During the various presentations, the current legal vacuum regarding the use of telework and the need to address it was highlighted. Once passed, the law would set a framework that sectoral agreements could then adapt. An opinion from the parliamentary committee on the issue could be forthcoming by the end of week 22 June.

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