Rodríguez Angobaldo Abogados | View firm profile
Occupational safety and health (OSH) is a fundamental component for ensuring decent working conditions, particularly in modalities like remote work, which have gained significant relevance in recent years.In this context, remote work presents specific challenges related to the physical and mental well-being of workers, which must be addressed through clear regulations, practical strategies, and an appropriate cultural approach.
Remote work, defined as the provision of services remotely using information and communication technologies, allows for flexibility and operational continuity. However, it also exposes remote workers to specific risks, such as isolation, extended working hours, stress, and ergonomic issues stemming from inadequate furniture. According to the International Labour Organization (ILO) and the World Health Organization (WHO), these risks increase when work is performed in domestic environments lacking minimum safety standards. To mitigate these issues, both organizations recommend measures such as establishing clear schedules, active breaks, and structured plans that delineate work activities and rest periods.
In Peru, Law No. 31572 and its regulation, Supreme Decree No. 002-2023-TR, have established a regulatory framework governing occupational safety and health in remote work. These regulations require employers to identify hazards, assess risks, and implement corrective measures in the spaces where remote workers perform their duties. Additionally, they include the use of self-assessment forms by workers, enabling employers to take specific preventive measures. Companies are also responsible for training remote workers on OSH topics, including the proper use of the self-assessment form, a task that may be led by the OSH Committee or OSH Supervisor, as stipulated by the regulations.[1]
Another critical aspect of the regulation is the allocation of telework-related costs. The law stipulates that employers must assume or reimburse telework-related expenses unless otherwise agreed. In practice, these costs are typically shared between the parties. For instance, companies often provide laptops, software licenses, and tools such as antivirus programs, while workers cover expenses related to electricity and internet usage. This collaborative model has generally worked smoothly, with few conflicts reported, as agreements tend to be reasonable and tailored to the needs of both parties.
One of the most significant aspects in this context is the right to digital disconnection, established under Law No. 31572. Derived from the right to a maximum working day, this provision seeks to prevent the flexibility of remote work from turning into unlimited working hours that negatively impact workers’ mental health. Inspired by European experiences, such as the “right to disconnect” in France and Spain, this principle allows remote workers to disconnect from digital systems at the end of their workday, except in previously agreed exceptional situations. In Peru, while the right to disconnect is legally recognized, its practical implementation requires a cultural shift to reinforce respect for work-life boundaries.
Despite regulatory advances, remote work in Peru still faces barriers to effective adoption. Key legal and practical challenges include:
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- Organizational culture: Companies must integrate clear policies for the evaluation and prevention of risks in remote work, with active participation from the OSH Committee or Supervisor and collaboration from the remote worker.
- Risk prevention: Implementing effective measures to identify and mitigate physical, ergonomic, and psychosocial risks, ensuring safe and healthy working environments.
- Mental health promotion: Adopting strategies to reduce stress and other psychosocial risks, such as active breaks, stress management workshops, and virtual mindfulness sessions.
- Supervision and compliance: Ensuring active breaks and other preventive measures are regularly monitored and enforced, promoting consistent implementation.
Remote work has the potential to become a key tool for transforming Peru’s labor market, offering foreign companies an opportunity to efficiently and responsibly leverage local talent. However, for this potential to materialize, it is crucial to balance global standards with local realities. Companies seeking to establish remote work operations in Peru must commit not only to complying with regulations but also to fostering a work culture that values safety, health, and the holistic well-being of their employees. Only then will it be possible to fully capitalize on the benefits of this work modality in a competitive and ever-evolving environment.
Authors: Alicia Jiménez Llerena and Carol Magno
Footnotes
[1] The OSH Joint Committee or the OSH Supervisor are bodies provided for by Law No. 29783, in charge of supervising and coordinating occupational safety measures with workers’ representation. The Committee applies to companies with more than 20 employees, while the Supervisor assumes this role in smaller companies, ensuring the implementation of OSH measures, including teleworking.