May 02, 2021 Issue: April 2021

ARGENTINA - Modification to the Teleworking Law

By: Allende & Brea, Buenos Aires

On March 19th, 2021 the Ministry of Labor issued Resolution 142/2021, through which it provided that as from the beginning of the effective date of the Teleworking Law No. 27,555 (April 1st, 2021) and as long as the restrictions and/or sanitary recommendations issued by the local health authorities are uphold, the circumstance that the employees are prevented from attending to workplace and perform the tasks at home based on the health emergency (currently in force until December 31st, 2021), either by being exempted under Resolution 207/2020 and its amendments, or as a result of the preventive measures implemented by employer to minimize the risks of contagion, may not be considered as a substitute for the written agreement required by Section 7 of the Legal Regime of the Telework Contract as an expression of will of the parties.

Consequently, as long as the circumstances provided for in Resolution 142/2021 still exist and the parties had not entered into a written agreement of telework under the terms of Art. 7 of the Teleworking Law expressing their will that the employee provides tasks at home, we understand that it will not be considered that the employee enjoys an acquired right to provide tasks from home indefinitely. Finally, although the resolution does not make it clear, we understand that as from the beginning of the effective date of the Teleworking Law provided for in Law No. 27,555 (April 1, 2021) and while the employee performs tasks from home, the employer must comply with the obligations under such law (compensation for the higher expenses in connectivity and/or consumption of services that the employee must face, provision of work tools, etc.). 

Allende & Brea

Buenos Aires