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CEDU held teleconference on the legal aspects of telework in Uruguay

15/04/20

The Chamber of the Digital Economy of Uruguay (CEDU) started the Webinar 2020 cycle addressing the problem of the absence of current regulations on telecommuting in our country.
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The Chamber of Digital Economy of Uruguay (CEDU) began a series of teleconferences to address new concerns that have arisen in the business and technology world as a result of various measures taken to promote social isolation, one of the main actions to curb the advance of the coronavirus (COVID-19).

 

The first instance, which had a high participation, was in charge of the lawyers Fernando Vargas and Martín Bueno, partners of Vargas Abogados, who addressed the issue of the use of technology and labor relations in times of social isolation, considering that telework has been implemented by many companies.  

 

The professionals pointed out that teleworking is a practice that has been developed in our country in recent years, but the pandemic that afflicts the world made there was a "boom" in recent weeks, and the lack of a regulation in this regard led to the emergence of many doubts by workers and companies.  

 

According to Vargas, the Constitution contemplates remote work, but for tasks that were carried out 100 years ago, which means that the law is currently being applied in a totally different reality. In addition to pointing out that in March a decree was approved in this regard but it is very basic, generating significant gaps.  

 

"In this context, it is very important that there is an agreement between the worker and the employer. In addition to consider that it is reversible, before the emergence of any problem and to prevent the parties are harmed, "said the lawyer. 

 

In the particular case of companies that are applying teleworking or home working as a temporary measure in the face of the COVID-19 pandemic, Bueno stressed that it is important to maintain aspects previously agreed upon, such as remuneration, and to resolve who will be responsible for providing the work tools. "Generally, the worker is the one who supplies the energy and internet, but has savings in transportation, clothing and food," Vargas added.  

 

However, the lack of regulation leads to different positions regarding who is responsible in case of an accident, or who is in charge of health and hygiene in this particular situation. In addition to other complications such as the control of working hours by the employer or difficulties for the normal development of the established tasks.  

 

At the same time, working at home entails some extra difficulties such as the lack of an adequate space for the development of the tasks or the distractions presented by the home and the family.  

 

Given the aforementioned controversies, experts noted that the interpretation of the judge will be decisive in case of any inconvenience, and stressed that it is extremely important the regulation of teleworking in our country, but also encourage the practice of this type of employment relationship.  

 

CEDU's 2020 Webinar Series will have two more instances on April 16 and 23, which will address issues related to the strategic planning of the digital channel and the basic measurements to be taken into account in the online sales channel. Registrations are made through the web, are completely free and with limited spaces.  

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