Teleworking will remain mandatory until the end of the year, whenever functions allow, with a view to minimizing the risk of transmission of the Covid-19 infection, according to a diploma approved today by the Council of Ministers.
"The decree-law was approved extending, until December 31, 2021, the exceptional and transitory regime for the reorganization of work and for minimizing the risk of transmission of the Covid-19 disease infection within the scope of labor relations, without prejudice to the possibility extension after consultation with the social partners”, reads the statement of the Council of Ministers.
According to an official source from the Ministry of Labour, Solidarity and Social Security, in question is Decree-Law No. 79-A/2020, which establishes the obligation of teleworking and also the delay in the entry and exit times of workers, a diploma whose diploma term ended this month.
According to the diploma, "the adoption of the telework regime is mandatory, regardless of the employment relationship, whenever the functions in question allow it and the employee has the conditions to exercise them, without the need for a written agreement between the employer and the employee ”.
"Exceptionally, when it understands that the aforementioned conditions are not met, the employer "should communicate, in a reasoned and written form, to the employee its decision, being responsible for demonstrating that the functions in question are not compatible with the telework regime or the absence technical conditions for its implementation”, stipulates the decree-law.
The employee can ask the Authority for Working Conditions (ACT) to verify the facts invoked by the employer.
"The telecommuting worker has the same rights and duties as other workers, without reduction of pay, under the terms provided for in the Labor Code or in an applicable collective regulation instrument, namely with regard to normal working hours and other working conditions, safety and health at work and repair of damage arising from work accidents or occupational disease, while maintaining the right to receive the meal subsidy that was already owed”, reads the diploma.
At this time, however, the rules provided for under the state of emergency apply, which also provide that teleworking is mandatory, with no need for an agreement between employer and employee.
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