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Teleworking in times of COVID-19 in El Salvador

What for many first world countries is something normal and of the day to day, in El Salvador is something that can be implemented recently. Teleworking was approved by the Legislative Assembly on March 20 through the Telework Regulation Law, derived from the emergency we are experiencing worldwide by COVID-19, with the aim that this modality can be used as a technological tool for employers and employees.

After several months of study in the work committee of the Legislative Assembly, an emergency has made our legislators realize that our world has evolved and it is important to develop new models of labor interaction, in which the rights of workers are respected, and that they fulfill their obligations as if they were physically in their workplace.

The new law is applicable to both the public and private sectors, and according to its article 4 it can be categorized in various ways, such as according to where the work is performed: Self-employed, Mobile and Supplementary, and also according to the setting of time and working hours this may have two sub-modalities, Connected Teleworking and Disconnected Teleworking.

In any of the above-mentioned modalities, it will be the employer’s obligation to provide the worker with the equipment, connections, tools, programs and applications that are necessary and indispensable for the execution of the work in accordance with the provisions of Article 29 of the Labor Code. It is also possible that the teleworker provides his work equipment, and if so, he must be compensated by his employer for the depreciation in accordance with the legislation in force.

All teleworkers will have the same rights as face-to-face workers, i.e. their social security and corresponding benefits must always be guaranteed by their employer.

With the approval of this law, many workers will be able to work from the comfort of their homes, complying with the hygiene measures imposed by the Government of El Salvador, and achieving a better social distance to prevent the spread of COVID-19.

Oscar Torres Cañas
Partner
García & Bodán
El Salvador

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