The Bolivian Ministry of Labor, Employment and Social Security, approved by means of Ministerial Resolution No. 220/20 of April 24, 2020, the REGULATION FOR THE IMPLEMENTATION OF TELEWORKING IN BOLIVIA, in which the conditions under which this work modality must be developed are established.
El REGULATION FOR THE IMPLEMENTATION OF TELEWORKING IN BOLIVIA reads as follows:
CHAPTER I - GENERAL ASPECTS
ARTICLE 1 - PURPOSE
The purpose of this Regulation is to establish the procedures and guidelines for the implementation of teleworking as a form of employment relationship or provision of services in the public and private sectors, established in Supreme Decree No. 4218 of April 14, 2020.
ARTICLE 2 - SCOPE OF APPLICATION).
- Labor relations or the provision of services that are developed in the public and private sectors at the national level are included within the scope of this regulation.
- The application of teleworking is allowed only in the sectors where the specific activities allow it and as long as it does not affect other areas or services.
- The employer or public entity may evaluate the application of the teleworking modality to guarantee compliance with the mandatory labor insertion of people with disabilities, as well as the mother or father, spouse, guardian or guardian who is in charge of a or more persons with disabilities of minors under eighteen (18) years of age or with serious and very serious disabilities, within the framework of Law No. 977.
ARTICLE 3 - DEFINITIONS.
For the purposes of implementing this regulation, the following definitions are established:
- Telecommuting: Teleworking is a form of employment relationship or the provision of services, which consists of the performance of paid activities, using ICT within the framework of a contract or an employment relationship, in which physical presence is not required of the teleworker, whenever the needs and nature of the work allow it.
- Teleworker: It is the natural person who, within the framework of the labor relationship or the provision of services, performs his non-contact and paid work activities using ICT as tools and support.
- Permanent telecommuting: It is the modality where the teleworker uses his own domicile or another place established outside the dependencies of the employer or public entity on a permanent basis while the labor relationship lasts for the provision of work or services.
- Temporary telecommuting: It is the modality where the teleworker uses his own home or other place of work established outside the dependencies of the employer or public entity, for the development of the provision of work or services on a temporary basis for established periods or times, which may be in a alternate or mixed.
- Digital Service: Any service or procedure that is provided through digital mechanisms, online or online.
- Information and Communication Technologies - ICT: Includes the set of resources, tools, equipment, computer programs, applications, networks and media, which allow the compilation, processing, storage, transmission and reception of information, voice, data, text, video and images. Hardware, software and services are considered as its components.
- Telework Activities: Set of tasks that can be carried out by telematic means from the domicile or established place destined for this purpose and that do not require the physical presence of the worker in his office.
- Contract or Addendum: Document signed between the worker and his employer, in which the conditions of the employment relationship are specified in detail, under the teleworking modality.
- Act of God and / or force majeure: Without prejudice to the characteristics and conditions that the parties may establish in the contract or addendum, on what is understood by fortuitous event and force majeure in the development of telework. Fortuitous Event is understood as: To the internal obstacle attributable to man, unforeseen or unavoidable, relative to the very conditions in which the obligation had to be fulfilled (civil commotions, strikes, blockades, revolutions, etc.) and Force Majeure: To the external Obstacle, unforeseen or inevitable that originates a force foreign to man that prevents the fulfillment of the obligation (fires, floods and other natural disasters).
- Partner Interestl: It is the guarantee or necessary mechanism that the community has through the laws and regulations in force to guarantee that public / private entities act for the benefit of a common welfare.
- Management by results: Approach that gives priority to the delivery of products or results associated with the fulfillment of planned actions for the fulfillment of objectives in an efficient manner, applicable to the working day,
ARTICLE 4 - EQUAL RIGHTS.
All individual and collective rights recognized in the Political Constitution of the State, international treaties, General Labor Law, Hygiene, Occupational Safety and Welfare Law, Law No. 065, Social Security Code, Law No. 2027 of the Statute of the Public Official and other inherent regulations, respectively, are applicable and mandatory for teleworking.
ARTICLE 5 - CHARACTERISTICS OF TELEWORKING.
The following general characteristics of telework are considered:
- Teleworking constitutes a special modality of relationship between work and service or provision of services.
- Its application is allowed only in sectors or areas where specific activities allow it and provided that it does not affect other areas or other services.
- Work activities or teleworking services may be non-face-to-face or semi-face-to-face, paid in which the teleworker uses his or her own home or other place established outside the premises of the employer or public entity.
- The teleworker must remain available and comply with the effective working day in the hours, days or through results management, arranged by the employer or public entity, not being able to exceed the hours established in the current regulations.
- The teleworking modality is subject to the fulfillment of obligations that must be fulfilled by the employer and / or contracting entity as well as the teleworker.
- The activities carried out by the teleworker are subject to control, monitoring and supervision by the employer or public entity.
- The provision of the work or services that the teleworker develops may be permanent, however, it does not prevent them from going to the employer or public entity to carry out their duties.
- The provision of work or services carried out by the teleworker may be of a temporary nature, for which the periods or times for its development are established.
- When equipment and / or software failures prevent the normal development of teleworker functions and the proper performance of their work is affected, teleworking may be temporarily suspended.
ARTICLE 6 - JOBS AND ACTIVITIES OF TELEWORKING.
- The teleworking modality will be applied in those positions in which its function can be carried out in a non-face-to-face way without prejudice to affecting the fulfillment of the goals and objectives.
- Telework activities can be permanent or temporary, depending on the nature of each activity and the needs of the employer or the public entity.
- Excluded from this modality are those activities that, due to their nature or institutional need, must only be carried out in person.
CHAPTER II - IMPLEMENTATION OF TELEWORKING IN THE PRIVATE SECTOR
ARTICLE 7 - DEVELOPMENT OF TELEWORKING.
- Companies and work establishments, for the implementation and development of teleworking, may transform and / or modify jobs and their activities so that they are carried out remotely from a home or other travel, using Information Technology tools and Communication (ICT) and, if necessary, process automation.
- The Information and Communication Technologies (ICT) tools, to be implemented by companies or work establishments, must include hardware, software, connectivity and training to achieve work activities efficiently, effectively and effectively.
- Teleworking may be implemented under the following modalities:
- Permanent teleworking.
- Temporary teleworking.
- The characteristics of the conditions of implementation of permanent and temporary telework will be stipulated in an individual or collective telework contract or addendum signed between the parties, it may not establish conditions contrary to the current socio-labor regulations.
ARTICLE 8 - TELEWORKING CONTRACT.
- The Contract must be written expressly indicating the teleworking modality that the teleworker or teleworkers will perform, which will be subject to the General Labor Law, its regulations and other legislation in accordance with current regulations.
- The contract must clearly specify the conditions in which the work will be carried out, the obligations, the rights, period or time in the case of temporary telework and the responsibilities that the parties must assume.
- In the event that there is a labor relationship regulated by a previously signed contract, for the implementation of telework, an addendum to the main contract will be made without affecting the rights of the teleworker.
- The teleworking contract must indicate:
- The conditions of work and service, the technological, computer and environmental means required and the way to execute the same in time conditions and, if necessary, of space.
- The effective working day (hours, days and / or results management) of the activity to be carried out by the teleworker.
- Determine the disposition of the equipment and computer programs destined for teleworking prior agreement of the parties.
- Establish responsibilities regarding the custody of the computer work elements and establish the procedure for the return of the same by the teleworker at the time of concluding the telework contract.
- Point out the computer security measures provided by the employer that the teleworker must know and comply with; as well as the management, confidentiality and security of the information used under the teleworking modality.
- Determine the type of telework, whether permanent or temporary
- Nature of the service and functions.
- Amount, form and period of payment of the agreed remuneration.
- Compliance, statement that teleworking is voluntary for both parties.
- Conditions, causes or procedures for the reversal of telework, which may be reversed at the request of either party, which will not mean the termination of the employment relationship.
- Specific place where teleworking will take place.
- Agree on the endowment of teleworking means or their expenses, between the employer and the teleworker.
- Supervision and / or reporting mechanism to facilitate the control and supervision of the work.
- The telework contract must be obligatorily endorsed by the Ministry of Labor, Employment and Social Security through the Departmental and Regional Labor Headquarters at the national level.
ARTICLE 9 - EMPLOYER'S OBLIGATIONS.
The employer has the following obligations:
- Adopt the appropriate measures to guarantee the protection of the data used and processed by the teleworker.
- Inform the teleworker of all restrictions on the use of computer equipment.
- Provide when appropriate the installation of software, hardware, connectivity services, supplies and materials necessary for teleworking.
- Provide the teleworker with adequate technical support service.
- Train on the handling and use of the equipment necessary to perform its functions, as well as the restrictions on the use of such equipment.
- Protect personal data, intellectual property and information security.
- Guarantee the conditions of safety and health at work in what was pertinent and considering the special characteristics of teleworking.
ARTICLE 10 - OBLIGATIONS OF TELEWORKERS.
The teleworker has the following obligations:
- Responsibly fulfill the tasks entrusted in the telework contract.
- Preserve and safeguard with due diligence the equipment, computer tools and programs provided by the employer.
- Use the equipment and software only to carry out work activities and prevent access to them by people outside the employer.
- Immediately notify the employer of any loss, theft, theft or other improper use of equipment and programs, under the responsibility of the Teleworker.
CHAPTER III - IMPLEMENTATION OF TELEWORKING IN THE PUBLIC SECTOR.
ARTICLE 11 - TELEWORKING.
Within the provisions of Supreme Decree No. 4218 and these regulations, public entities may implement the modality of teleworking within the framework of their powers.
ARTICLE 12 - PROCEDURE.
- Executive-level authorities, directors, heads or area managers of public entities, upon identification and substantiation of the need or at the request of the Highest Executive Authority, may require the implementation of teleworking for the areas and jobs they consider pertinent, through of an application report for the implementation of teleworking.
- The telework implementation request report must be sent to the human resources unit or department for its corresponding analysis and evaluation; Without prejudice, the Highest Executive Authority may order the intervention of other areas that it considers.
- The human resources unit or department of the public entity, after the corresponding analysis and evaluation, will issue a report to the Highest Executive Authority recommending or not its implementation.
- The Highest Executive Authority of the entity, in response to the Report issued by the human resources unit or direction, may order the implementation of teleworking for the areas and positions required through the mechanisms that govern the labor relationship or the provision of services. ; the power of disposition, for implementation, may be delegated by the Highest Executive Authority in accordance with current regulations.
- Without prejudice to the implementation of the Teleworking modality established by the Highest Executive Authority, each entity must take the corresponding actions to adapt its Internal Personnel Regulations, Function Organization Manual and others inherent to the activities and positions of the officials, through the procedures established in current regulations.
ARTICLE 13 - REVERSAL OF THE MODALITY OF TELEWORKING.
- The Highest Executive Authority or delegated authority, may order the reversion of the teleworking modality.
- The executive level authorities, directors, heads or area managers of public entities, who see a need to revert the teleworking modality, may request the reversion to the Highest Executive Authority permanently or temporarily.
ARTICLE 14 - DISSEMINATION.
In the event that the telework modality modifies procedures, procedures, actions and channels carried out by the user or administered, the public entity is responsible for disseminating the new procedures, procedures, actions and channels subject to the telework modality, providing the necessary information for access and communication.
CHAPTER IV - FINAL PROVISIONS.
FINAL PROVISION FIRST.
The Ministry of Labor, Employment and Social Security, through the Departmental and Regional Labor Headquarters, will verify compliance with the provisions contained in this regulation.
SECOND FINAL PROVISION.
These regulations will enter into force as of its publication.
THIRD FINAL PROVISION.
These regulations will be reviewed periodically and may be modified according to the institutional dynamics and the provisions issued by the Ministry of Labor, Employment and Social Security.