In addition to being a voluntary form for the worker, the Teleworking Lawsets the obligation of a contract between the parties, labor feasibility and pre-established hours.
Teleworking is a special work modality, outside the usual physical environment in a company, which can be fully or partially implementedthrough the use of advances in information and communication technology.
The first thing is that this law, recently approved in the Dominican Republic, guarantees the international rights of the worker established in the ILO (International Labor Organization) and clearly establishes that It is of voluntary application and by means of an agreement between the parts that can be unlimited or not.
Now in the new piece several articles are added to Law 16-92 of the Labor Code, due to the new labor forms previously unregulated, for the sake of entrepreneurs, business competitiveness and the inclusion of productive sectors in the digital economy.
Feasibility
It is up to the employer to analyze whether it is feasible to apply teleworking and, according to the Law in its article 316.3, also must by contract describe the tasks of the worker, the conditions and places from where he will do itthe duration of the contract, agreed salary and hours, including the corresponding breaks. The new contract must be sent to the Ministry of Labor.
other employer obligations is to make clear the department to which the worker will report within the company, the data of the supervisor and that the cost of the mechanism to monitor the working day will be borne by him, “always respecting the privacy of the worker”.
The employer may not, apart from verifying the conditions of the place where teleworking will be carried out, access personal mail without the knowledge of the employee and in case you need it, you will have to get the help of a labor inspector.
Likewise, if the work is carried out at the worker’s home, remotely, the visits must have prior notice from the person designated by the company.
Teleworking guarantees a flexible method, so that if the parties consider it, the employee can go to the company for a day or several to avoid computer fatigue and also interact with their colleagues.
The new law also specifies that It must be included in the contract “in charge of who will bear the additional costs to be covered, if any, for the provision of the service”. It is also responsible for covering operating costs, providing tools, informing about data protection and risk, and sanctions if it is misused.
worker obligations
When agreeing to work remotely, the employee is obliged to take care of the materials provided, the information provided, and to maintain hygiene and safety in their work area.
Finished your work you can disconnect digitally. You have the right to be paid for overtime and night hours and to training, as part of the rights and obligations that correspond as if you were in person.
other causes
The Labor Law allows the contract for various reasons including the impossibility of the employer to supply the technologies, the deterioration of the work tools supplied and that they are not replaced. But a decision from the Ministry of Labor will be required.
Worker
The impossibility of a worker to continue carrying out his work through the modality of continuing his work with this modality.
