Argentina has implemented Telework Law 27,555 in order to regulate the new mode of remote working adopted by many companies, which has been introduced due to restrictions put in place to combat the spread of Coronavirus.
What has changed?
“Teleworking” is considered to be all activities performed outside of the regular employment location, provided that the technology is in place to facilitate such work (also commonly known as remote working). The law requires that the maximum working hours are still respected and the right to digital disconnection is guaranteed. Law 27,555 also supports the employee’s rights to a work schedule that is flexible to their personal care circumstances.
Article 8 of the Teleworking Law recognizes that anyone who commences work under “Teleworking” conditions may cease this mode of work at any time and return to regular working from their place of employment.
Further to the above, the new law also provides regulations for equal treatment of Teleworkers and regular workers, training, collective rights and union representation, health and safety, control systems and right to privacy, software registration and teleworker registrations.
Who is affected?
The Telework Law 27,555 law will impact all those working under Teleworking conditions, including all foreign migrants. According to the regulations of the National Directorate of Migrations, all companies registered with RENURE must “reliably notify any temporary or permanent modification of the relationship with the immigrant that motivated the granting of the migratory benefit”. This means that all companies requesting a work permit on behalf of a foreigner, must comply with the requirement to report any change in their working conditions from the initial terms of the assignment, such as teleworking instead of the traditional working in the company office.
For further information on the new Teleworking law in Argentina and impact on foreign nationals, please contact the Sterling Lexicon immigration team.
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