As a result of the advance - by the authorities - of the winter holidays and the suspension of classes for an additional week for the students of our country, on June 15, 2022, the Labor Directorate issued opinion No. 150/18 that establishes the meaning and scope of law No. 21,391 that modified the Labor Code (11-24-2021) creating article 206 BIS that establishes “the obligation of the employer to offer the modality of remote work or teleworking to certain workers.”
Some of the most relevant aspects of the law are:
1) Foundations of the authority: It seeks to protect the health care capacity of boys, girls and adolescents and at the same time avoid the increase in school lag generated during the current pandemic, taking into account the current saturation of the network of pediatric critical beds. .
2) School calendar:
Last day of classes 1st Semester: Wednesday, June 29
Educational teams day: Thursday, June 30 and Friday, July 1
First day of classes 2nd Semester: Monday, July 25
3) Teleworking/Remote work, article 206 BIS Labor Code: The employer must offer the worker who has the personal care of at least one child in preschool, the modality of remote work or teleworking regulated by the Labor Code. Work, to the extent that the nature of their functions allows it, without reduction in remuneration.
4) Teleworking and remote work: Remote work corresponds to that where the worker performs his duties, totally or partially, from his home or other places other than the company's establishments, facilities or tasks. Teleworking, on the other hand, requires that the worker fulfill his/her functions through the use of technological, computer or telecommunications means and/or must report these functions through said means.