Telecommuting in COVID-19 times

Given the possibility of expansion of the virus, the recommendations given by such entity may become deficient in the event of a possible quarantine decree by the Government in an extreme case. Consequently, Colombian companies should be prepared to implement other types of mechanisms other than providing personal protective equipment or training workers on proper hand-washing techniques.

One of the additional measures that many companies around the world are adopting is telecommuting. Twitter, for example, has asked the company's nearly 5,000 workers to work from home as far as possible and only in the case of offices in Japan, South Korea, and Hong Kong.

In Spain, in recent days, the Spanish Ministry of Labor published a practical guide recommending telecommuting as a guideline for cases in which it is not possible to work physically in the company due to a possible order from the Government, or where this option is chosen simply to prevent the epidemic.

Companies such as Vodafone Spain carried out a simulation to test their system against the coronavirus and more than two thousand workers performed their functions remotely on a working day in order to determine which processes could be most affected by such a change and which technological tools would be necessary to implement in the company and prevent economic activity from being affected if their workers were to perform their functions from home [1].

In the Colombian case, and even though the Ministry of Labor or Health has not pronounced on this type of measures, it is important to look at these alternatives that are operating internationally, so that companies in Colombian territory can apply them if they consider it convenient or, at least, start tests and/or simulations so that in an eventual situation where remote work is imminent, the company already has all the necessary tools for the continuous development of its corporate purpose.

Companies should bear in mind that this circumstance with respect to remote work cannot imply a reduction of labor rights in terms of salary, working hours, and rest periods, among others. And that, if the availability of technological means or tools is required by the workers at their homes, this cannot imply a reduction in their labor rights in terms of salary, working hours, and rest periods, among others.

If the availability of technological means or tools is required by workers at home, this cannot be a cost that is attributable to them but must be assumed by the employer.

However, it is clear that not all sectors and all companies can adopt remote work in a generalized manner, so for those positions that by their nature cannot be performed remotely, it will be essential to reinforce cleaning, prevention and self-care measures in the workplace, keep work surfaces, telephones, computer equipment and other devices and equipment frequently used by workers clean, as well as provide the necessary protective elements that must be personal at all times, train workers on proper hand washing techniques and promote frequent hand washing. In addition, the employer shall provide workers with soap or other disinfectant substances for proper hand washing, as well as disposable towels for drying, and the other recommendations given by the Ministry in Circular No. 0017, until such time as said Entity so indicates.

[1] https://www.rtve.es/radio/20200307/coronavirus-oportunidad-teletrabajo-espana/2006540.shtml