Telecommuting: Discussion Begins in Panama

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Telecommuting: Discussion Begins in Panama

A bill establishing the rights and responsibilities of employers and workers who use telecommuting in the country was presented.

Friday, August 30, 2019

In order to regulate the new labor trend of telecommuting in our country, the Labor Commission received draft law No. 125 proposed by Congressman Raul Fernandez, informed the National Assembly.

You may be interested in "Without Quality Internet There is No Telecommuting”

Prensa.com reviews that the proposal "... points out that individual telecommuting contracts will be made in writing and must set clear rules on how the telecommuting will be carried out; it must state the time of the working day; the preventive, safety and health conditions to be met by the teleworker; the terms of remuneration, as well as the appropriate space and conditions in the teleworker's home."

The article adds that "... The teleworker shall also have the right to recognition by the Social Security Fund of occupational accidents occurring during the provision of services in the form of telecommuting. The Social Insurance Fund shall verify the facts in accordance with the rules in force governing the matter. The objective of this proposal is the fact that work went from being something apparent to something verifiable."

In the area of telecommuting, Costa Rica has advanced in its legislation, since on August 27, 2019 was approved the rules to regulate this form of employment, a fact that was well received by employers in that country.

 

https://www.centralamericadata.com/en/article/main/Telecommuting_Discussion_Begins_in_Panama

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Telecommuting Regulations in Panama

In the third debate, the National Assembly approved the bill establishing the rights and responsibilities of employers and workers who use telecommuting in the country.

Monday, October 14, 2019

In Panama, the modality of work will be subject to the discretion of the parties and although the teleworker can carry out his work from their residence, it does not prevent that at a certain moment the company can request the presence in the office or work center, established in article 1 of the approved law.

See "Telecommuting: Discussion Begins in Panama”

From the National Assembly statement:

The new modality of exercising a professional work, not necessarily through its presence in an entity, approved, in the third debate, the legislative plenary through the establishment and regulation of Telecommuting.
 
Article 1 establishes this modality in Panama and subject to the discretion of the parties and although the teleworker may carry out the work from home, it does not prevent the company from requesting presence in its office or work center at any given time.
 
Bill 76 provides that individual telecommuting contracts shall be made in writing and shall contain a series of requirements such as determining whether the work is partial or complete, indication of the time of the working day, the manifestation of the voluntary nature of the telecommuting and the terms of remuneration, among others.
 
When the worker has consented, the employer may require the worker to perform emergency work on call in compliance with the minimum rules.
 
Telecommuting, although already practiced in Panama, was not regulated under a law to formalize this type of activity, which exists in other countries, according to its proponent, Congressman Raul Fernandez.

 

https://www.centralamericadata.com/en/article/main/Telecommuting_Regulations_in_Panama

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Teleworking: Approval of Regulations in Panama

After heeding the objection made by the Executive to the project approved in October 2019, the Assembly proceeded to give its endorsement to the law that establishes the rights and responsibilities of employers and workers in the country who use the telework modality.

Friday, January 24, 2020

In mid-October of last year, the National Assembly approved the project in its third debate. However, Article 24 was specifically objected to, as it was considered contrary to precept 276 of the National Constitution, which states that the National Assembly may not issue laws that derogate or modify income in the Budget.

From the National Assembly's statement:

January 23rd, 2020. The plenary session of the National Assembly accepted the objection made by the Executive and approved, in the third debate, the draft of Law 76, which establishes and regulates the modality of teleworking.

The regulation, a result of the initiative of deputy Raul Fernandez, was specifically objected to Article 24, as it was considered contrary to the precept 276 of the National Constitution, which states that the National Assembly may not issue laws that repeal or modify income in the Budget, without at the same time there is a substitute income.
 
In the report previously prepared by the Government Commission, it was agreed to take the presidential statement and proceeded to eliminate this article, which is why the partial objection for inexiquibility is overcome.
 
According to Bill 76, Telework is defined as: a form of organization and/or performance of remote work carried out by a person partially or completely in places other than the employer's establishment or establishments, including their own home, performing their work by means of information technology and telecommunications.

 

https://www.centralamericadata.com/en/article/main/Teleworking_Approval_of_Regulations_in_Panama