5419

The New Teleworking law and the new specific rights for Teleworkers. -- Abstract: The expansion of teleworking during the stage of mandatory isolation and restrictions on the movement of people willing as a primary defense against the COVID-19 pandemic led the Argentine Congress -like those of other...

Descripción completa

Guardado en:
Detalles Bibliográficos
Autor principal: García, Héctor Omar
Formato: Artículo publishedVersion
Lenguaje:Español
Publicado: Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones 2021
Materias:
Acceso en línea:http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_5419
https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_5419.dir/5419.PDF
Aporte de:
Descripción
Sumario:The New Teleworking law and the new specific rights for Teleworkers. -- Abstract: The expansion of teleworking during the stage of mandatory isolation and restrictions on the movement of people willing as a primary defense against the COVID-19 pandemic led the Argentine Congress -like those of other countries- to think about a comprehensive regulation of subordinate work provided remotely using TIC's technology that took effect after the health emergency. Law 27.555 established the Legal Regime of the Telework Contract (RLCT) which will become effective on April 1, 2021. Before considering the new regime, this work focuses on the essential aspects of teleworking as a legal institute (definition, structural elements, characteristics, and typologies) and provides an overview of the compared legislations that have regulated this type of service before and after the pandemic outbreak. Finally, this article goes into the analysis of the RLCT, based on the new workers' rights specifically created by the new legislation -which are linked to the use of the latest generation computer technology and the provision of tasks from the worker's home- and the consequent new limits to the powers of organization, direction and control of the employer, necessary for the effective exercise of those rights.