Law 2121 provided the main requirements for remote work as follows:
- The modality of remote work must be agreed upon by the parties.
- The contract can be carried out through existing or new technologies, and any other means that allow employees to perform their duties remotely.
- The modality of remote work will apply throughout the entire employment contract.
- The regulation applies for Colombian residents, both entities and natural persons, or even foreigner entities that hire employees who are within the national territory.
- The manifestation of consent requires the use of a digital electronic signature, with methods such as codes, passwords, biometric data or private cryptographic keys, which identify a person.
- The use of a “One time Password” authentication mechanism is also suggested to perform virtual actions in a secure manner.
- The employee will not have right to the legal transportation aid.
- A specific place of execution is not required, however, the employee´s workplace must have a permanent internet connection and must be established by mutual agreement and approved by the Occupational Hazards Administrators – ARL (by its Spanish acronym).
- Agreements between the parties require an electronic or digital signature. These technologies must be provided by the employer.
Remote workers that attest being caregivers of minors under the age of 14, people with disabilities or adults over the age of 60 to the first degree of consanguinity that require special assistance have a right to organize work schedules compatible to their tasks as caregivers or to interrupt the working hours with the employer`s previous authorization.
Key Action Points for Human Resources and In-house Counsel
Even though Colombian law contemplated telework, work from home, and home office as a benefit, this new regulation is very significant, as it is the first Law in Colombia regarding remote work.