The government of President Luis Arce repealed Supreme Decree No. 4218 approved by Jeanine Áñez and adopted a new regulation regulating telework in the private and public sectors on the basis of voluntary application.
Since Wednesday August 18th, it has been subject to Supreme Decree 4570, which establishes two special working conditions: teleworking and remote working. According to the General Director of Labor, Arturo Alessandri, this rule establishes the employee’s new right, namely the right to digital separation, which guarantees eight hours of working time and must impose sanctions if it is exceeded.
Labor’s director general said there was a subtle difference between teleworking and teleworking. In the first case, the employee works outside of the work unit and through communication technologies, essentially the Internet, and in constant connection for eight hours without mobility.
On the other hand, remote work is carried out outside the workplace without direct and immediate supervision from the employer, i.e. the worker takes the work home and has to deliver by product or depending on the work he is doing.
And in either case, the use of teleworking and teleworking does not violate the inalienable rights of workers, such as eight hours of work, vacation or other. With telework, however, a new right is created that represents the digital separation, “he said in contact with Urgente.bo.
What is it made of?
“The employee is obliged to have eight hours a day, including lunchtime or a physiological nature, but the employer cannot at any time require you to work more than the specified time, this is in the case of teleworking,” says Alessandri the end.
The digital shutdown guarantees eight hours of working time without overtime and if this is exceeded, the so-called overtime is incurred, which must be paid.
“The employer has to respect the working hours, of course there can be exceptions or emergencies from time to time, but they have to try to adhere to the working cycle,” he said.
Alessandri pointed out that although there had been no previous complaints, knowing the new rules it was possible that there were situations that needed to be dealt with or sanctioned.
What will the treatment look like?
Alessandri points out that these cases will be treated in the same way as the employer if the employer requests that his employee stay at work for more than eight hours without additional payment.
“If teleworking exceeds eight hours it is counted as overtime or overtime, and remember that overtime has a special salary equal to double the daily wage or similar work on a Sunday or holiday,” he concluded.