Those who provide teleworking services usually do so from home, which raises questions about privacy. You are entitled to rest and rest times. The employer cannot expect it to be available 24 hours a day, seven days a week. On the other hand, you can control the employee’s activity or work tools, for example, with a visit to the residence, between 9 and 19 hours.
Computer and net in charge of the company
Employees who are teleworking have the same rights as colleagues who travel to the company: training, promotions and career progression, limits on normal working hours and compensation for damages due to work accidents or occupational diseases. The employer must provide adequate training for the information and communication technologies to be used in the activity and promote regular contacts with the company and colleagues, so that the employee does not feel isolated.
If the contract says nothing about the work instruments, it is assumed that they belong to the employer, who ensures the installation, maintenance and expenses. The employee may only use them for work, unless the company authorizes otherwise. You can use information and communication technologies in meetings outside the workplace, for example, in a workers’ committee.
Teleworking with food allowance
In principle, payment of the food allowance should be maintained. The employee continues to be at the employer’s service and to pay for his food.
However, it must also be taken into account what is contained in the employment contracts, any collective labor instruments or even rules in force in the company and which have been accepted by the employees. If it is established that the allowance is only paid when the worker travels to the company’s premises or to another location determined by the company, then it is legitimate that the food allowance is no longer paid.
The transport allowance, by its nature, may not be paid. There is no displacement and the worker does not have to bear any expense.
Workplace accident insurance
Workers who are working from home are still covered by occupational accident insurance. If the worker is performing his activity in a remote work regime and suffers an accident, he must be compensated by the insurer, as long as what happened to him qualifies as an accident at work.
To avoid embarrassment, it is recommended that employers formalize this regime with the insurance company, indicating, in relation to all workers who are covered by this exceptional situation, the name of the worker; the normal working period (authorized dates and times); the place of work (address where it will be provided); and the prior authorization given by the employer.
And what can be considered an accident at work? It is everyone who is verified in the place and time of work. Workplace is defined as the place where the worker is or must go because of his work and where he is, directly or indirectly, subject to the employer’s control. In turn, working time, in addition to the normal working period, also includes what precedes its beginning, in preparation or related acts, and what follows, in acts also related to it, and yet normal or forced work interruptions. If the worker is at home, any incident that occurs during working hours, or that precedes or precedes it in preparation or completion tasks, may be considered an accident at work.
Working three years at a distance
Those who worked under a “normal” regime can reach an agreement for teleworking to have an initial maximum duration of three years, unless the company is covered by a collective regulation instrument that sets a different deadline. In the first 30 days, the parties can end this type of work. When the regime ceases, the worker resumes work at the employer’s premises or at others agreed between the parties.
Caring for minor children
The worker can apply to switch to this scheme if he has a child up to the age of three, provided that the employer has the means to telework.
Domestic violence
There is also an extreme situation in which the teleworking solution can be imposed, as long as it is compatible with their duties, the worker can demand this option when he is a victim of domestic violence, he filed a complaint against the aggressor and had to leave the house . It is a way to prevent the aggressor, who probably knows his usual place of work, from insisting on violent practices.
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