Article 330-A Federal Labor Law

Teleworking is a form of subordinate labor organization that consists of the performance of remunerated activities, in places different from the establishment or establishments of the employer, for which the physical presence of the employee under the teleworking modality is not required in the work center, primarily using information and communication technologies, for the contact and command between the employee under the teleworking modality and the employer.

The employee under the teleworking modality shall be the one who provides their services on a personal, remunerated and subordinate basis in a place different from the premises of the company or work source of the employer, and who uses information and communication technologies.

For the purposes of the teleworking modality, information and communication technologies shall be understood as the set of services, infrastructure, networks, software, computer applications and devices that have as their purpose to facilitate the tasks and functions in the work centers, as well as those that are needed for the management and transformation of the information, in particular the technological components that allow creating, modifying, storing, protecting and recovering that information.

The employment relationships that are developed more than forty percent of the time at the domicile of the employee under the teleworking modality, or at the domicile chosen by the latter, shall be governed by the provisions of this Chapter.

Work that is performed occasionally or sporadically shall not be considered teleworking.