Congress has approved amendments to the Labor Code to regulate remote working. The amendments make permanent Executive Order (EO) No. 1,108, a temporary measure released earlier this year, that includes an expanded definition of remote work, rules governing working hours and overtime for remote workers, requirements in the event of returning to the office, and, on a different note, new rules for providing meal/food vouchers. The legislation was signed into Law by the president on September 5, 2022 (Conversion Law N° 14,442/22) and came into effect on the same day.
Following are notable provisions of the EO (and by extension, the conversion Law):
It’s expected that introducing these provisions into the Labor Code will significantly affect the long-term use of remote work and the terms and conditions for these arrangements. Among companies surveyed, 61% have an established program for flexible working hours and 51% have formal work-from-home policies. Employers are encouraged to review their remote work policies and arrangements in order to identify opportunities or issues that may arise from permanent enactment of the changes.