Reform To The Federal Labor Law – Telecommuting

January 20, 2021| by Wong Fleming

On January 11th, an amendment to the Federal Labor Law was published in the Federal Official Gazette to regulate telecommuting.  Below you will find a brief summary of such amendments:

1) Article 311 defines as telecommuting the work which is routinely executed in the domicile of the employee or in premises freely chosen by the employee, without direct surveillance of the employer.

2) The Federal Law of Labor was amended by adding Chapter XII Bis which regulates telecommuting, fostering new conditions of equality for telecommuters. As of today, it will be considered as telecommuting whenever the employee works at least 40% of his journey at home.

3) Employers will be obliged to provide the necessary instruments for telecommuting and pay a prorated amount of the cost of the employee’s internet and electricity.

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