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Ministerial agreement nº mdt-2016-0190, which governs teleworking

  • Published in the Second Supplement to Official Gazette Nº 825, dated August 24, 2016.
  • The aim of the agreement is to govern teleworking as a mechanism for rendering services in the private sector.
  • Teleworking is a manner of rendering services from home during ordinary and special workdays, in which the worker performs activities outside of the employer’s facilities, provided the needs and nature of the work allow for this, making use of information and communication technologies for management, administration and control.

Teleworking could be:

  • Full-time: when work is always performed outside of the employer’s facilities. The teleworker may go to the employer’s facilities when required by the employer.
  • Part-time: Work is performed outside of the employer’s facilities up to a maximum of 24 hours per week, and the remaining hours are fulfilled in the employer’s facilities.
    The application of this form of rendering services is voluntary, and there must be a written agreement between the parties to implement this type of work. Teleworking may be included in the initial description of work, or it may be incorporated subsequently.
    This type of contract must include, in addition to the requirements established in the Labor Code, the following:
  • A clear description of the work to be performed, conditions of performance, remuneration and other benefits, and information related to this type of work;
  • Identification of the instruments to be used by the employer to supervise and control the work;
  • Identification of the instruments to be used by the teleworker and determination of the party responsible for providing, installing and maintaining work equipment;
  • The organizational unit that the teleworker belongs to, as well as an indication of the name and position of their immediate superior or other individuals who may be contacted regarding professional or personal matters;
  • With regards to part-time teleworkers, the days in which the work will be performed under this regime, or the manner in which this is determined;
  • Methods for presenting work reports; and,
  • Other specifics regarding teleworking, depending on the work being performed.
  • When a worker has become a teleworker, they may return to the modality of work initially agreed upon by agreement of the parties or at the request of one of the parties. In this case, save a contractual provision to the contrary, a minimum of 90 days must be respected for the teleworking commitment, and the communication to return to the initial modality of rendering services must be notified with at least 15 days’ anticipation to the other party.