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They forget to legislate on teleworking; Senate gave priority to extinction of trusts

Senators held a marathon session on October 20 to endorse the disappearance of 109 trusts, but they keep the eight reform initiatives on telework frozen.


The Senate gave priority to the disappearance of 109 trusts dedicated to the support of science, culture, sports, human rights or natural disasters instead of legislating on remote work or telework in the current pandemic.

In this legislature, eight initiatives to reform secondary laws that contain the word telework have been presented, however, none of them has been ruled for discussion before the full Senate.

Distance work, also called telework, in which the employee performs paid activities outside the office, business, or the workplace through the use of information and communication technologies, must be regulated by law, in accordance with various studies of the Senate.

A first study called Initiatives to reform the Federal Labor Law and the Federal Law of Workers at the Service of the State Regulatory of Section B) of Constitutional Article 123, in relation to telework, presented in the LXIV Legislature, proposes not to postpone the legislation on this matter.

It indicates that the legal protection of the worker who carries out his activities remotely should be reviewed, as well as the obligations and rights of the employer who hires him.

Another study by the Belisario Domínguez Institute (IBD) of the Senate called Teleworking, a comparative study indicates that Latin American and European countries have registered important advances in teleworking and programs that promote this work modality.

In the American continent, some of the countries with the most progress in teleworking are the United States, Argentina, Chile, Ecuador and Colombia, according to the IBD document.

Latin American countries such as Chile, Ecuador and Colombia have either legislation on teleworking or specific chapters and sections within their legislation or labor codes that establish articles related to teleworking.

For example, they contain the rights and obligations of teleworkers and employers, remote worker registry, work equipment and tools, protection and social security, policies to promote this practice, among other situations that provide legal certainty to those involved.

Mexico, on the other hand, has regulated home work since 1988 in the Federal Labor Law, and only one paragraph that was added in 2012 indicates the work that is done through ICT as home work. However, it does not include some essential elements to provide legal security, both for teleworkers and the employers they hire.

According to the OECD, of 35 countries evaluated, Colombia and Mexico are the countries in which there is the least balance between work and personal life, and the countries with the greatest balance are the Netherlands, Italy and Denmark.

The data

  • According to the OECD, of the 35 countries evaluated, Colombia and Mexico are the countries in which there is the least balance between work and personal life, and with the highest balance are the Netherlands, Italy and Denmark.
  • Finland does have new legislation, standing out as one of the countries that reacted faster and implemented teleworking.

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