In recent years, remote work has become an increasingly popular and relevant form of employment worldwide. In Uruguay, the regulation and modifications related to this work modality have been addressed through Law 19.978 and its Regulatory Decree 86/22.
In this article, we will explore Uruguayan legislation on remote work, its main features, and the recent modifications implemented to adapt to new labor realities.
Regulation of Remote Work in Uruguay
Law 19.978, enacted in 2021, together with its regulatory decree, aims to establish a legal framework governing remote work in Uruguay. This law regulates labor relations under a regime of dependence or subordination in which the employer is a private person or a non-state public entity. It defines remote work as the provision of remunerated services, either partially or fully, performed outside the physical workplace provided by the employer, predominantly using information and communication technologies (ICTs).
Key Features of the Law
The Law 19.978 establishes a series of rights and obligations for both employers and employees engaged in remote work. Some of the key provisions include:
Right to Equal Treatment: Remote workers are entitled to the same treatment and working conditions as on-site employees.
Right to Digital Disconnection: Workers have the right to disconnect digitally outside their working hours, avoiding the invasion of personal life and ensuring adequate rest.
Written Agreement: Remote work cannot be unilaterally imposed by the employer; there must be a written agreement between employer and employee setting out the specific conditions of remote work, such as tasks, schedules, supervision methods, compensation, workplace, tools, and whether the arrangement will be partial or full-time, including rest periods. This agreement may be established at the beginning or during the course of the employment relationship, either in the contract itself or in an annex.
Right to Training: Workers are entitled to receive the necessary training to efficiently perform their remote work tasks.
Right to Reversibility: The modality of work may be changed from on-site to remote work or vice versa, subject to prior written agreement.
Right to Non-Discrimination: Remote work cannot be used as a means of distinction, exclusion, or restriction based on nationality, race, gender, age, sexual orientation or gender identity, marital status, religion, economic, social, or cultural status, disability, place of residence, or any other factor that may undermine or annul the recognition, enjoyment, or exercise of human rights and fundamental freedoms.
Right to a Safe Work Environment: Employers must ensure the occupational safety of the remote workplace. Risks associated with remote work must be integrated into the company’s occupational health and safety management system, identifying and assessing all risks faced by remote workers, including psychosocial and ergonomic risks.
Conclusion
Remote work in Uruguay has been regulated and adapted through Law 19.978 and its regulatory decree, with the goal of providing a legal framework that protects workers’ rights and establishes proper working conditions.