Since the expansion of COVID-19, one of the measures adopted by many companies, both national and international, is working from home or “home office”. It is important to emphasize that not all sectors can use this modality, since it depends on the activity to which they are dedicated, however, it is transcendental to be clear if in the case of Nicaragua there is a regulation for this type of work.
In principle, our Labour Code does not specifically regulate teleworking as a special form of employment. However, there are legal figures similar to Teleworking as it is the Work at home that does have a regulation in our Code.
In that sense, Article 150 of the TC defines home work as work performed by the worker in his own home, in a family workshop or in a place freely chosen by him, on behalf of one or more employers, but without the direct direction and supervision of the latter, using materials or instruments that are his own or provided by the employer or his representative for a fee.
Telework must guarantee the worker the same conditions that apply in the labor relations that are:
- Existence of an employment contract.
- Working hours (day, night or mixed).
- Salary.
- Weekly rest.
- Holidays and thirteenth month.
- Registration with the Nicaraguan Institute of Social Security (INSS).
In conclusion, Telework or Home Office is a measure that has been adopted not only in Nicaragua but throughout the world to protect health in this time of the COVID-19 Pandemic. It should be noted that, in labor matters, workers, regardless of whether they are at home or in the establishments of the company, will always be protected by the provisions contained in the Labor Code.
Associate
García & Bodán
Nicaragua