Law 21,645, which modifies the Labor Code to include the recognition of new labor rights aimed at promoting the reconciliation of family and work life, was published on December 29th and will come into force on January 29th (in (hereinafter, the “Law”).
The Law establishes, among others, the right to work remotely or teleworking for all workers who have under their care children under fourteen years of age, a person with a disability or a person in a situation of severe or moderate dependency. This implies that their entire day or part of it can be carried out under this modality, to the extent that the nature of their work allows it. Workers who have the power to represent the employer, such as managers, assistant managers, agents or attorneys-in-fact, are excluded from this right.
To access this right, the worker must make the request in writing to his employer, accompanying the certificates that prove she/he is in any of the circumstances indicated above, such as the birth certificate that certifies the parentage of a minor; or the judicial resolution of a court that grants personal care for them; or the certificate of registration in the National Disability Registry, among others. The employer must give its response within fifteen days following said presentation and may offer an alternative formula or reject the proposal, in which event it must prove that the nature of the worker’s functions does not allow remote work or telecommuting.
Additionally, the Law establishes the right to preferential use of the legal holiday during school vacations established by the Ministry of Education for workers who have the personal care of a minor under fourteen years of age or an adolescent under eighteen years of age with a disability, over others. workers without such obligations.
To exercise this right, the worker must make the request to his employer at least thirty days in advance and must accompany the birth certificate that certifies the parentage of the minor; the judicial resolution of a court that grants personal care for them; or the certificate of registration in the National Disability Registry, among others. The employer may accept, propose an alternative or reject the request, providing reasons, all within a period of ten days from the request.
In the event of the exercise of any of these rights, the employer must record them by signing an annex to the respective employment contract, which complies with the requirements of the Law.
Finally, and consistently with the purpose of the Law, it mandates employers to promote a balance between private and work life, with the former having to carry out actions aimed at informing, educating and raising awareness about the importance of reconciling personal-family life and labor, through awareness and dissemination campaigns carried out directly by it or through the administrative Law No. 16,744, the Superintendency of Social Security being obliged to deliver the guidelines for the execution of these actions, through a standard of general that must be dictated in the future.