On August 3, 2021, Law No. 2121 was published in the Official Gazette of Colombia, which creates the remote work regime and establishes rules to promote and regulate it, as well as other provisions.
1. Application scope
The regulation is applicable to any natural person domiciled in the national territory, as well as to national public and private entities, and at the same time to foreign companies hiring workers within the national territory.
La norma es aplicable a toda persona natural domiciliada en el territorio nacional, así como las entidades públicas y privadas nacionales; y a su vez a las empresas extranjeras que contraten trabajadores que se encuentren dentro del territorio nacional.
2. What is remote work?
It is a form of implementation of the employment contract, performing the entire employment relationship remotely through the use of information technology, telecommunications, mechanism, or other means, where the employer and employee do not physically interact throughout the contractual relationship from the beginning to its termination.
It is important to point out that remote work does not share constituent elements for telework and work at home.
3. Contract improvement and signature
All stages of the employment contract must be performed remotely, using new or existing technologies without requiring the physical presence of the parties involved, except for occupational health reasons, presence in person is required.
The agreements in labor matters and executed remotely will require the electronic or digital signature of the parties for its perfection to certify the identity of the parties and/or eventual changes in the digital document.
4. Medical examinations
The employer shall verify the health status of its workers by performing entry, periodic, and/or exit medical examinations of its remote workers through authorized providers.
The employer will retain the subordinate power within the framework of respect for the minimum rights of the worker and the regulations established in the labor legislation, as well as concerning the power to exercise the disciplinary power that may be applicable.
6. Employer technology connection
The employer may implement a platform, software, program, application, or any technological tool to facilitate communications with the remote worker and, in general, for the provision of personal services, thus facilitating the remote worker to connect through the network to provide their services.
7. Schedule control
The employer is empowered and authorized to control the fulfillment of the remote worker’s obligations, functions, and duties through the use of technological tools, mechanisms, or other means. Nevertheless, the employer shall respect the remote worker’s intimacy and privacy and the right to work disconnection.
8. Effective date
The Law is effective as of August 3, 2021.
Source: Diario Oficial 10/08/21