Law 2121 provided the main requirements for remote work as follows:
- The modalities of remote work must be agreed by the parties.
- The contract can be carried out using existing or new technologies, and any other means allowing employees to perform their functions remotely.
- The remote working method will apply throughout the employment contract.
- The regulations apply to Colombian residents, whether they are entities or individuals, or even foreign entities that hire employees located in 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 allow a person to be identified.
- The use of a “One time Password” authentication mechanism is also suggested to perform virtual actions in a secure manner.
- The employee will not be entitled to legal aid for transport.
- A specific place of performance 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 Risk Administrators – ARL ( by its Spanish acronym).
- Agreements between the parties require an electronic or digital signature. These technologies must be provided by the employer.
Teleworkers certifying that they are caregivers of minors under 14, disabled people or adults over 60 years of age with a first degree of consanguinity requiring special assistance have the right to organize work schedules compatible with their job duties. carers or to interrupt working hours with the employer’s prior authorization.
Key action points for human resources and internal legal advisers
Even though Colombian law provided for teleworking, home working and home office as an advantage, this new regulation is very important, as it is the first law in Colombia regarding remote working.