Bill: Work at home

Work at home was defined in the aforementioned project as enabling the public servant or private sector worker to temporarily perform his work functions or activities outside the place where he usually performs them, without modifying the nature of the respective employment contract or relationship, when occasional, exceptional, or special circumstances arise, favoring the use of information and communication technologies.

With this concept the use of this figure was then limited to the fulfillment of those specific circumstances and indicated that in the event that the exceptional, occasional or special circumstances that gave rise to the application of this modality of work remained in time, the employer, in agreement with the worker, must make transit to teleworking, according to the requirements set forth in the law regulating teleworking (Law 1221 of 2008).

On the other hand, and facing the elements or tools of work that currently presented one of the major differences compared to the requirements of the figure of teleworking (since in the work at home - not being enshrined or regulated its provision - was not mandatory) the project stipulated that the worker could have their own equipment and other tools, provided that he reached an agreement with the respective employer and / or public entity. If no such agreement is reached, the employer must provide the equipment, information systems, software or materials necessary for the development of the contracted function or work, according to the resources available for such purpose. Consequently, an agreement must be signed with each worker to arrange the supply of the work elements.

Finally, it is indicated that, as it is still a draft law, its enforceability will be subject to the different debates that are necessary for the law to be approved.