A new remote work law (Law 2121) has been issued in Colombia and the main requirements have been provided.
New Remote Work Law: Main Requirements
- Both parties must agree to the modality of remote work.
- New or existing technologies can be used that allow employees to work remotely.
- The remote work modality will apply throughout the entire tenure of the employment contract.
- The regulation applies for Colombian residents, both entities and natural persons, and foreigner entities that hire employees who are within the national territory.
- The manifestation of consent requires digital identification via the use of a digital electronic signature. Codes, passwords, biometric data or private cryptographic keys can be used to identify a person.
- “One time Password” authentication is suggested for enhanced security.
- The employee will have no right to any legal transportation aid.
- The employee´s workplace must have a permanent internet connection. The company must be established by mutual agreement and approved by the Occupational Hazards Administrators – ARL.
- Agreements between the parties require an electronic or digital signature. The employer is responsible for providing this technology.
Remote workers who are caregivers of minors under the age of 14, people with disabilities or adults over the age of 60 that require special assistance are allowed to organize their work schedules that are compatible with their tasks as caregivers. They can get authorisation for the same from their employer.
This is the first Law in Colombia regarding remote work.
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