On 14 August 2020, Argentina adopted a Law on telework (Legal Regime of the Teleworking Contract, Law No. 27555). The Law, establishing the minimum legal requirements for telework, was followed by Regulatory Decree No. 27/2021 (19 January 2021). Other aspects of the remote work relationship specific to each sector will be determined by social partners through collective bargaining.

The regulation excludes jobs that are performed remotely due to emergency regulations that restrict attendance at the workplace (Resolution 142/2021 13 March 2021).

Definition

The law defines telework as “the performance of acts, execution of works or provision of services, [...], whether carried out totally or partially at the domicile of the person who works, or in places other than the employer’s establishment or establishments, through the use of information and communication technologies” (Article 2).

The main feature of the Law are as follows:

• It is voluntary: both employers and employees must show their willingness to use this form of work and must present his/her consent in writing.
• Employer/employee agreement is reversible since the employee may request any time to be back to the Office (the Office where he/she used to work or the closest office to the employees’ place of residence). If the employer does not accept the reversibility clause, in 30 days (see Regulatory Decree), the employee is de facto dismissed and can start the judicial proceedings for reinstatement. All of this “unless, for well-founded reasons, the satisfaction of such duty is impossible”.
• Principle of equality: the law provides for a principle of equality between the employees working in the employers’ premises and the employees on telework, in terms of rights and salary. Equality shall also apply for collective rights,
• Working time and the right to disconnect: Working time must be previously agreed in writing in the employment contract in accordance with the legal and conventional limits in force. Out of this working time, the employee has a right not to respond to any communication from the employer, unless “essential for an objective reason” (as specified in the Regulatory Decree). Employees with care obligations for children below the age of 13, people with disabilities or the elderly have the right to prepare schedules that are compatible with their care tasks, or disrupt their day of work when necessary, giving immediate notification to the employer. The schedules must be agreed with with the employer in advance. Interestingly, the Regulatory Decree is even encouraging the participation of men in care tasks.
• Obligations for employers include: providing the tools needed to perform work, cover the cost for installation and increased costs of connectivity and consumption. Compensation will operate according to the guidelines established in collective agreements.
• Software for control of remote employees can be used but with no interference in employees’ privacy. Trade unions must be able to access those softwares through ad-hoc joint audits.
• Employment Contracts with non-residents and in the form of telework: these must be previously authorized by the Ministry of Labour. 

Business using telework modalities shall be registered with the Ministry of Labour, Employment and Social Security.

The Telework Law was criticised both by employers and workers for various, opposed reasons.

The main criticisms relate to the lack of proper previous consultation with the social partners and the difficulties in terms of implementation of the Law. Problems arise from the clauses on:

• reversibility;
• right to disconnect;
• special care and working time;
• employment contracts with non-residents (that are not subject to the Argentinian law).