ESSENTIAL REQUIREMENTS FOR THE VALIDITY OF TELEWORKING
Remote execution of an employment contract must comply with the formalities applicable to any labor relationship, particularly regarding its duration and termination. Although work is performed at a distance, the essential elements of the employment contract—subordination, remuneration, and personal service—must remain unchanged.
For example, a contract initially executed in person that transitions to remote work must continue to respect the agreed working hours, without exceeding legal limits. This shift does not release the employer from legal obligations nor affect the worker’s acquired rights.
GEOGRAPHIC FLEXIBILITY AND MONITORED WORKING HOURS
EMPLOYER’S RESPONSIBILITIES FOR TOOLS AND RESOURCES
The employer is responsible for providing all necessary tools and resources for the employee to perform their duties effectively. This includes technological equipment, internet access, software, specific programs, and costs related to energy and telephone services. Additionally, the employer must cover transportation expenses when in-person attendance is required for work-related purposes.
For instance, if a remote employee is asked to attend an in-person meeting by the employer, transportation costs must be covered by the company. Likewise, if work equipment malfunctions and the issue was previously reported, the employer cannot use this as grounds to withhold salary payment.
FORMALIZATION OF CONDITIONS AND SECURITY MEASURES
The execution of remote work must include detailed specifications of working conditions, scheduled days and hours, assigned duties, and required technological tools. This clarity helps identify the origin of potential workplace accidents and ensures compliance with legal working hours and cybersecurity standards.
Moreover, clear rules must be established regarding the custody and return of company-provided equipment, along with protocols to prevent the exposure of sensitive data to digital threats.
SUPERVISION AND SUBORDINATION IN A REMOTE SETTING
Despite the physical distance, the employer retains their supervisory and managerial authority. Subordination remains intact, allowing the employer to exercise disciplinary powers within the legal framework. This means the remote worker is still subject to internal regulations and may be sanctioned for failing to meet work obligations.
For example, if a remote worker fails to attend a scheduled virtual meeting without valid justification, the employer may apply disciplinary measures as stipulated in the company’s internal regulations.
DIGITAL PLATFORMS AND COMPLIANCE WITH OBLIGATIONS
The employer may implement digital systems to facilitate the execution of employment contracts. These tools may include platforms for task tracking, training, committees, benefits management, and even formalization of contract termination.
In summary, while teleworking offers greater autonomy and convenience, its implementation involves specific obligations for both employers and employees. Clear conditions must be established regarding connectivity, availability of tools, working hours, cybersecurity, and supervision. These provisions ensure a balanced employment relationship, protecting the worker’s rights without compromising service efficiency.
If your company is considering implementing telework or if you’re a worker seeking guidance on your legal rights in remote employment, our law firm is here to help. Contact us today for expert legal advice tailored to current regulations.
Frequently Asked Questions (FAQs)
Must teleworking be formalized in writing?
Yes, all teleworking conditions must be clearly documented, including tools, working hours, and assigned duties.
What happens if the employer fails to provide the necessary equipment?
The worker cannot be penalized. The employer must still pay wages even if essential resources are not provided.
Can the employer monitor the performance of a remote worker?
Yes, the employer retains the right to supervise and may impose sanctions if justified within the legal framework.
Who is responsible for internet and electricity costs during teleworking?
The employer must cover these costs, provided they are directly related to job performance.
Is it possible to telework from abroad?
Only if there is an explicit agreement with the employer and contractual conditions are upheld.
- International Labour Organization. (2020). Teleworking during the COVID-19 pandemic and beyond: A practical guide. ILO.
- Substantive Labor Code. (latest update).
- National Archives of Colombia. (2023). Regulation on document retention in the public sector.
- Ministry of Labor. (2024). Teleworking implementation guide.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
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