[vc_row][vc_column][vc_custom_heading source=”post_title” font_container=”tag:h2|text_align:center”][vc_column_text]
What advantages can working from home offer?
…the world doesn't seem to be returning to normal as we knew it, and working from home will become increasingly necessary, especially in Guatemala, even after restrictions are lifted…
[/vc_column_text][us_separator size=”small”][vc_column_text]ByEdwin Montoya|Socio, Lexincorp Central American Law Firm.
Presidential decrees in response to the COVID-19 pandemic maintain the suspension of commercial activities (except for essential services and those with a permit). This, coupled with the lack of public transportation and the real danger posed by the virus itself, both employees and employers face a labor situation with few options.
The economic consequences of the global shutdown are incalculable and far from promising. The immediate effects on an economy like Guatemala's are already being felt. Evidence of this is the suspensions and layoffs carried out by several companies, the stories of the lack of income for many people in the informal economy, and the constant inquiries received by law firms like ours about the best course of action.
The Guatemalan government is proposing the suspension of employment contracts (Ministerial Agreement 140-2020, Ministry of Labor and Social Security), arguing that the State of Public Calamity declared due to the pandemic constitutes a force majeure event affecting employment contracts and can be invoked to suspend them. What does the suspension entail? The contract and its obligations are placed on legal hold without liability for either party, and once things return to normal, they can be resumed under the original conditions. The parties must comply with the requirements of the aforementioned agreement and request authorization from the General Labor Inspectorate, in the case of a collective suspension, for it to have legal effect, or its registration, in the case of an individual suspension.
However, this implies that salaries are not being paid, and that person's duties are not being fulfilled. In the midst of this scenario, the alternative of "working from home" emerges, which is not currently regulated. However, it is undoubtedly the option with the least impact on the parties, as opposed to the suspension of contracts or layoffs. Consequently, to implement it, it is important to modify the employment contract, so we recommend consulting with a lawyer to document and establish clear rules for this type of work, in the absence of legal regulation, to avoid incurring in breaches and/or objections. Finally, the world does not seem to be returning to normal as we knew it, and working from home will become increasingly necessary, specifically in Guatemala, even after the restrictions are lifted.
[/vc_column_text][/vc_column][/vc_row]
