On July 22nd, Law No. 32102 was enacted, which modifies and adds provisions to Law No. 31572, articles 6, 11, 12, 21, and 23, that is the Telework Law in Peru. There are several key adjustments aimed at balancing the responsibilities between employers and employees. Here we detail the main changes and how they affect both parties.

Rights of Teleworkers

1. No deduction for power or internet outages:
   • One of the most significant changes is that time not worked due to power outages or lack of internet services, as long as it is duly justified, will not be deducted from wages nor subject to later recovery. This ensures that teleworkers are not disadvantaged by circumstances beyond their control.
2. Equipment and communication tools:
   • The teleworker must notify the employer at least 5 business days in advance in case of a change in their usual telework location, unless justified reasons exist. Additionally, they are responsible for having the necessary computer equipment and communication tools to effectively perform their duties.

Duties of Teleworkers

1. Responsibility for safety:
   • The employer is responsible for identifying hazards and assessing the risks to which the teleworker may be exposed. It is vital that the teleworker provides adequate access to their new telework location so that necessary corrective measures can be implemented.
2. Confidentiality of documentation:
   • The telework agreement must establish the conditions for the removal of confidential documentation from the employer’s premises, clearly specifying the teleworker’s responsibilities to protect sensitive information.

New Health and Safety Measures

The Modified Telework Law 2024 also incorporates new health and safety measures for teleworkers. Here are some of the most relevant:

1. Mandatory active breaks:
   • During the workday, breaks for active pauses are mandatory. These breaks are essential to prevent health problems related to prolonged periods in the same position.
2. Prohibition of personal activities:
   • The teleworker cannot leave their usual telework location or engage in personal activities during their workday, unless justified. Failure to provide this justification will be considered a serious disciplinary offense, with possible sanctions including the automatic reversal of the telework modality.

These changes will take effect within no more than three months (90 calendar days).

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