By: Norma Villalobos
Associate – LatinAlliance El Salvador
I was recently at a meeting in which the heads of human resources from different companies operating in El Salvador gathered, many of them multinationals; and one of the topics that were addressed at that meeting were new work trends; that a few decades ago, at least when our Labor Code was promulgated in 1972, they were not considered in most labor laws and ours was no exception.
We are referring to teleworking and the home office, which are some of the blended work alternatives with which many companies have tried to achieve the long-awaited family-work balance for their workers, since they allow them to integrate the different aspects of their lives family, personal, academic and any other aspect that produces well-being, with work.
Teleworking is «A form of work in which: a) it is carried out in a location far from a central office or production facilities, thus separating the worker from personal contact with work colleagues who are in that office and, b ) new technology makes this separation possible by facilitating communication»[1] ; and the home office is nothing more than “working from home”.
Despite the fact that these modalities are not really new, since they have their origins in the early 90s, with the United States being one of the first to implement the home office, many companies in different countries have chosen to include them as alternatives to work. traditional, since they have noticed that being flexible in the work schedules of their collaborators promotes greater productivity, reduces operating costs and mainly generates a better work environment, since workers reduce travel costs and the stress of constant traffic thus improving their quality of life.
From the studies carried out by various international organizations, and due to the technological advances that have been generated in the times we live in today, which is considered "the fourth industrial revolution", also called the "Digitalization Era", it is inferred that the jobs of the The future will be characterized by a flexible work environment, where people will be able to work from anywhere and at any time; collaborate and communicate in different ways, and learn throughout their working life through various mechanisms available virtually.[2]
However, despite the fact that teleworking and home office are becoming a growing trend, due to the technological advances we face; Currently, there are few countries that have regulated these types of work, among which we can mention countries with more advanced legislation such as: Brazil, Colombia, Chile (implicit regulation, included in a reform of the Labor Code), Peru, Argentina (only for the Province of Neuquén), Costa Rica (for public workers), Mexico (incorporated as “home work”, in reform of the Federal Labor Law).
El Salvador still does not have a special regulation on teleworking, because although it is true that the Labor Code regulates work at home within the work subject to special regimes, work carried out with the support of the companies is not included in this regulation. ICTs, taking into account that the primary characteristic of teleworking is the use of technologies, this taking into account that it is a law that dates from 1972.
Despite the foregoing, as in many countries in the region that do not have a legal framework that regulates these new work modalities, in El Salvador many companies have implemented as a practice that their workers can carry out their work outside the office. ; in search of the great benefits that are generated for both the company and its collaborators, because there is no express prohibition in this regard; However, it is imperative to regulate these new forms of work to harmonize the traditional employment relationship, work hours, compliance with schedules, and others, regulated in the Labor Code, which because it was designed under another social reality, is not entirely friendly. with the new tendencies about the human resource that day by day evolves and demands a legislation according to these advances.
Although it sounds very attractive to be able to implement modalities such as teleworking and home office in companies; Due to the multiple benefits that it can represent both for companies and their collaborators, it is essential that it be expressly regulated in this regard; It is also necessary that the company has solid policies for their implementation; because many multinational companies in the United States that implemented the home office, backtracked and demanded their workers return to the office[3], considering that the company's performance is harmed in the long term, neglecting interpersonal relationships, weakening contact with customers; in other aspects; However, the defenders point out that if there is a balance between maintaining the company's productivity and favoring its collaborators with flexible hours, they can generate great benefits for both parties, if the relationship is based on previously established values and ethical codes.
In conclusion, as long as teleworking and the home office are not recognized in the Labor Code, it will be a decision of the company to implement them, previously defining clear policies that allow the parties involved to achieve the expected benefits.
[1] International Labor Organization (ILO-Geneva)
[2] First Report on Teleworking in Latin America and the Caribbean. International Academy for the Development of Teleworking in Latin America and the Caribbean (ITALAC). (2017)
[3] According to a report by the US Society for Human Resources Management, published by the Wall Street Journal.