Peru

Peru's primary legislation governing remote work is Law No. 31572, also known as the Law of Telework, which came into effect on April 28, 2023. This law defines telework as a subordinate work scheme where the employee performs duties outside the physical workplace, using information and communication technologies (ICT) provided by the employer or acquired with the employer's contribution. Teleworkers enjoy the same rights as in-office employees regarding benefits, social security contributions, and career development opportunities. The law also emphasizes the right to disconnect, ensuring employees have periods free from work-related communications outside designated work hours. The implementation of telework requires a written agreement between the employer and employee, outlining rights, responsibilities, and working conditions specific to the remote work arrangement.

Technological Infrastructure

A robust technological infrastructure is crucial for the success of remote work. Employers must provide or contribute to the cost of equipment like computers, laptops, and necessary software to enable remote work effectively. They are also responsible for implementing cybersecurity measures to protect company data and ensure the secure use of ICT tools by remote workers. Reliable communication platforms like video conferencing, instant messaging, and project management software are crucial for seamless collaboration and information sharing within a remote team.

Employer Responsibilities

Employers in Peru have specific responsibilities when it comes to remote work. While teleworkers may have flexible arrangements, the law requires establishing a work schedule to ensure effective communication and task completion. Employees must be available during designated work hours. Employers have a responsibility to provide training on using remote work tools, cybersecurity protocols, and best practices for remote work productivity. While the physical workspace is not directly managed by the employer, they are still obligated to provide guidance on ergonomics and preventing occupational hazards associated with remote work. Employers must establish clear performance evaluation metrics and conduct periodic assessments to ensure remote workers are meeting expectations.

Part-time work refers to employment contracts with shorter working hours compared to a full-time position. Supreme Decree No. 003-97-TR outlines regulations for part-time work, including minimum wage considerations and proportionate benefits based on working hours. The legal framework doesn't explicitly address equipment or expense reimbursements for part-time employees. However, general labor laws require employers to provide the necessary tools and materials for employees to perform their duties effectively. Negotiations between employers and employees regarding equipment and expenses for part-time work are encouraged.

Flexitime

Flexitime allows employees to structure their work hours within a designated timeframe, offering flexibility in start and end times as long as core working hours are met. There's no specific law governing flexitime. However, Supreme Decree No. 009-2003-TR establishes core working hours as 8 hours per day, with a maximum of 48 hours per week. Flexitime arrangements can be implemented through mutual agreements between employers and employees. Similar to part-time work, the legal framework is silent on expense reimbursements for flexitime employees. General labor law principles regarding providing necessary tools and materials apply.

Job Sharing

Job sharing involves two or more part-time employees splitting the responsibilities of a single full-time position. Job sharing is not explicitly addressed in Peruvian labor law. However, as long as the combined working hours fulfill the requirements for a full-time position and comply with minimum wage regulations, employers can implement job sharing agreements. The same principles as part-time work apply. Employers are generally responsible for providing necessary tools and materials, but specific agreements regarding equipment and expense reimbursements can be negotiated for job sharing arrangements.

In Peru, the Personal Data Protection Law (Law No. 29733) forms the basis of data protection. This law requires employers to implement suitable security measures to safeguard the personal data collected from employees, including those working remotely. Employers must also obtain informed consent from employees before processing their personal data. Furthermore, employers must clearly define the purpose for collecting and processing employee data and only use it for those specific purposes.

Employer's Responsibility for Data Security Measures

Employers bear the responsibility of implementing robust data security measures for remote work environments. These measures may include:

• Encrypting sensitive data on company devices used by remote employees.
• Enforcing strong password policies and multi-factor authentication.
• Providing training on data security best practices for remote workers.

Employee Rights in Data Protection

Employees have certain rights concerning their personal data:

• Right to Access and Control Data: Employees can access their personal data held by the employer and request rectification or erasure under certain circumstances.
• Right to Know the Purpose of Data Processing: Employees have the right to be informed about how their personal data is being collected, used, and stored.

Best Practices for Data Security in Remote Work

Employers should adhere to certain best practices to ensure data security in remote work:

• Minimize Data Collection: Only collect the personal data of remote employees that is strictly necessary for work purposes.
• Separation of Personal and Business Data: Encourage employees to maintain separate devices and accounts for personal and business use.
• Clear Communication: Establish clear policies outlining data protection procedures, acceptable use of company technology, and consequences for data breaches.
• Regular Monitoring and Updates: Regularly assess and update data security measures to address evolving threats.