The new law recognises the importance of this form of work nowadays, as the number of people telecommuting has multiplied in response to the COVID-19 pandemic.

Main principles of the new law are:

1. Voluntariness: a worker cannot be forced to telework, but his written consent must be obtained.

2. Reversibility: the parties may change the modality from face-to-face to teleworking and from teleworking to face-to-face, subject to prior written agreement. In the event that the employment relationship had been teleworking from the beginning, to move to work in the company a written novation is required. In the event that the teleworking modality had been agreed after the beginning of a face-to-face relationship, the worker has the right to stop teleworking and return to the workplace of the company within 90 days from the change.

3. Equality: teleworkers shall enjoy the same rights and access to the same working conditions as the workers in person, except those that are inherent to the provision of work in person.

4. Non-discrimination and employment promotion are also recognised.

The place of work must be agreed by the parties, and may coincide with the worker's domicile or be a third place. Likewise, if the nature of the activity allows it, the worker may freely choose the place where he/she will carry out his/her activity.

The limitation of the daily working day is eliminated, and there is now a limitation of the weekly working day, according to the limit applicable to each branch of activity or agreed by the parties. Therefore, the hours of work with respect to the daily working day will not be overtime and may be compensated with hours not worked on other days of the week. Lastly, only the hours exceeding the weekly working day limit must be paid with a surcharge of 100% with respect to the hour on a working day.

Employers are responsible for complying with occupational health and safety conditions. For this purpose, they must request the intervention of the General Labour and Social Security Inspectorate (IGTSS), which will have the supervisory powers assigned to it by the regulations in force.

The Ministry of Labour and Social Security will determine by regulation the conditions of work, in the matter of safety, ergonomics and occupational health applicable to the telework.

The law requires employers to bankroll all expenses their workers will have when working from home, including computer equipment.

Interestingly, the law includes the right to disconnect, giving employees the right to switch off from work outside of normal work hours. A minimum disconnection of eight continuous hours between one day and the next is established.

The law represents a step forward in addressing particular aspects of telework.

However, there are still issues to be addressed, through contractual regulations between the parties to the employment relationship or by the regulations to be issued by the Executive Branch.

Uruguay’s regulation on Telework, along with other 30 country regulations worldwide have been subject of the recent IOE Position Paper on Remote Work beyond Covid- 19.