Panama enacts remote-working law
Panama has enacted the so-called remote-working law, Law No. 126, and which makes provisions for people working off-site, granting them equal rights as on-site employees, such as the right to claim overtime if ‘on call’, and data privacy.
The law stipulates that a remote-working contract must contain the minimum requirements established in the country’s Labour Code, and must expressly indicate that the hiring is for remote job, as well as the power to reverse it, if necessary.
Homeworking contracts must also ensure that the employee has the adequate space and conditions at home, as well as provisions regarding the protection of confidential data, according to a note from law firm Arias Law, penned by associate Odalys Troudart (pictured).
Homeworking can be wholly or partial, and the law defines the differences between each type.
The law also takes into consideration the possibility of being “on call” or on duty, implying time outside of a regular shift, during which the remote worker agrees to be available to attend an emergency call from the company, being able to take care by phone, by e-mail, or by any other electronic means or even going to the company’s facilities. The law also stipulates the recognition of overtime and surcharges for the work attended “on call”.
The employer that takes advantage of this type of labour contract must provide training and programs for the adequate management of the technological and communication equipment, as well as monitoring the performance and psycho-social effects on the remote worker, family relationship and psyche, according to the law firm.
