On 19 March 2021 the Ministry of Labour issued Resolution 142/2021, through which it provided that as from the beginning of the effective date of the Teleworking Law No. 27,555 (1 April 2021) and as long as the restrictions and/or sanitary recommendations issued by the local health authorities are upheld, the circumstances preventing employees from attendance at the workplace and forcing them to perform their tasks at home, based on the COVID-19 related health emergency (currently in force until 31 December 2021), either by being exempt under Resolution 207/2020 and its amendments, or as a result of the preventive measures implemented by their employer to minimise the risks of contagion, may not be considered as a substitute for the written agreement required by Section 7 of the Legal Regime of the Telework Contract, as an expression of the will of the parties.
Consequently, as long as the circumstances provided for in Resolution 142/2021 still exist, and the parties have not entered into a written agreement for telework under the terms of Art. 7 of the Teleworking Law, expressing their will that the employee provides his/her tasks at home, we understand that it shall not be considered that the employee enjoys an acquired right to provide tasks from home indefinitely.
Finally, although the resolution does not make it clear, we understand that as from the beginning of the effective date of the Teleworking Law provided for in Law No. 27,555 (1 April 2021) and while the employee performs tasks from home, the employer must comply with the obligations under such law (compensation for the higher expenses in connectivity and/or consumption of services that the employee must face, provision of work tools, etc.).
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