Law 2121 of 2021 defines remote work as the execution of an employment contract entirely through Information and Communication Technologies (ICTs) or other means that allow for remote service provision. Key aspects include:

• Voluntary Agreement: Both employer and employee must agree to the remote work arrangement.
• Full-Time Remote: The law applies to entirely remote positions, not hybrid models.
• Electronic Signatures: Agreements and modifications require electronic signatures for validity.

Previous Regulation

Law 1221 of 2008 allowed for pre-existing telework agreements with some flexibility on work schedules, while Law 2121 provides a more comprehensive framework.

Technological Infrastructure Requirements

The employer is responsible for providing the necessary tools and equipment for the employee to perform their duties remotely, unless otherwise agreed. This may include a computer, internet access, software licenses, and any specific hardware required for the job. On the other hand, employees are responsible for maintaining a suitable workspace with a reliable internet connection as agreed upon with the employer.

Additional Considerations

Employers must include remote workers in their occupational health and safety programs and ensure their workspace complies with ergonomic standards.

Employer Responsibilities

The maximum work schedule must be respected, but with flexibility in daily timetables. Employees have the right to disconnect outside of working hours, except for trust and management positions. Employers are also obligated to provide adequate training on remote work procedures and communication tools to enhance employee productivity and well-being.

Part-time work is a flexible work arrangement where employees work a reduced schedule compared to a standard full-time work week. These employees are entitled to a proportional salary and benefits based on their work hours compared to a full-time equivalent. This type of work is established under the Colombian Substantive Labor Code.

Part-Time Work

• Definition: Employees work a reduced schedule compared to a standard full-time work week.
• Salary and Benefits: Part-time employees are entitled to a proportional salary and benefits based on their work hours compared to a full-time equivalent.
• Legal Framework: Part-time work is established under the Colombian Substantive Labor Code.

Flexitime is another flexible work arrangement where employees have flexibility in their daily work schedule within predetermined core hours, as long as total working hours for the week are fulfilled. The workday is divided into core hours where everyone is required to be present and flexible hours where employees can adjust their schedule. This requires a written agreement between the employer and employee outlining the core hours, flexible hours, and working week duration.

Flexitime

• Definition: Employees have flexibility in their daily work schedule within predetermined core hours, as long as total working hours for the week are fulfilled.
• Core Hours vs. Flexible Hours: The workday is divided into core hours where everyone is required to be present and flexible hours where employees can adjust their schedule.
• Agreement: Flexitime requires a written agreement between the employer and employee outlining the core hours, flexible hours, and working week duration.

Job sharing is a flexible work arrangement where two or more employees share the responsibilities of a single full-time position, dividing the work hours and salary proportionally. The job duties must be divisible and compatible with job sharing, and a written agreement outlining responsibilities, schedules, and remuneration is required for each employee involved.

Job Sharing

• Definition: Two or more employees share the responsibilities of a single full-time position, dividing the work hours and salary proportionally.
• Requirements: The job duties must be divisible and compatible with job sharing, and a written agreement outlining responsibilities, schedules, and remuneration is required for each employee involved.

In terms of equipment and expense reimbursements, the Colombian Ministry of Labor hasn't issued specific regulations for flexible work arrangements. However, employers and employees can establish agreements on these matters in their employment contracts or internal policies. In the absence of specific agreements, employers are generally not responsible for providing equipment or reimbursing expenses incurred by employees for performing their duties under any flexible work arrangement.

Equipment and Expense Reimbursements

• Employer Responsibilities: The Colombian Ministry of Labor hasn't issued specific regulations on equipment and expense reimbursements for flexible work arrangements. However, employers and employees can establish agreements on these matters in their employment contracts or internal policies.
• General Principle: In the absence of specific agreements, employers are generally not responsible for providing equipment or reimbursing expenses incurred by employees for performing their duties under any flexible work arrangement.

Employers are responsible for implementing appropriate technical and organizational measures to safeguard all data they handle, including employee data and company information. This includes protecting against unauthorized access, disclosure, alteration, or destruction.

Employee Data: Lawful Collection and Use

Employee data can only be collected for legitimate business purposes and with the employee's informed consent. Employers must be transparent about the types of data collected, the purpose of collection, and who will have access to it.

Transparency and Notification Obligations

Employers are obligated to provide a readily available privacy policy informing employees about data handling practices. In case of a data breach, employers must notify affected individuals.

Employee Rights: Access and Correction

Employees have the right to access their personal data held by the employer and request corrections if it's inaccurate.

Opt-Out and Consent

In some cases, employees may have the right to opt-out of specific data collection practices or withdraw consent previously provided.

Best Practices for Securing Data

Secure Devices and Networks

Employers should provide or approve secure devices for remote work. This includes implementing strong passwords, data encryption for sensitive information, and a secure internet connection for employees.

Access Controls

Implement access controls to restrict access to company data only to authorized personnel based on the principle of least privilege. Multi-factor authentication can be an additional security measure.

Data Minimization

Employers should collect and store only the minimum amount of data necessary for legitimate business purposes. This reduces the risk of data breaches and simplifies compliance.

Employee Training

Provide regular training to employees on data security best practices, including phishing awareness, password hygiene, and safe remote working practices.

Incident Response Plan

Develop a plan for responding to data breaches, including notification procedures, data recovery measures, and reporting obligations to the relevant authorities.