On February 17, 2025, the Bill Nº 23.528, entitled: “Law for the Regulation of Remote Work Abroad to Avoid Subjective Interpretations,” was approved in the first debate by the Commission. The aim of the Bill is to reform the “Law to Regulate Remote Work”, in order to establish a clear framework for this working model outside the national territory and to eliminate legal gaps that are currently open to subjective interpretation.
Summary of the Bill Nº 23528
The main objective is to update and detail the dispositions related to the implementation of remote work abroad, defining the responsibilities for the employer as well as for the employee.
The proposal includes the following main changes to the Law to Regulate Remote Work:
1. Reform of Article 2:
- Currently, Article 2 states that remote work applies to both public and private sectors, and that employers and employees may opt for this modality, always with the agreement of both parties.
- The proposed reform of the article, add that remote work can be agreed not only within the country but also abroad.
2. Inclusion of a new Article 11:
- This new article specifically regulates remote work outside the country. If an employer requests an employee to remote work from abroad, the employer must take responsibility for providing the necessary technological tools, equipment, and programs, as well as to ensure coverage for occupational hazards risk insurance with scope outside the country.
- If the employee chooses to remote work abroad on their own, they will be responsible for the necessary equipment and insurance, unless otherwise agreed with the employer. In this case, the employee will be required to inform the employer about the insurance contracted.
Purpose and Benefits
The purpose of the project is to provide legal certainty and to remove ambiguities that could lead to conflicts regarding the terms and conditions of international remote work. This will ensure that both parties are aware of their rights and responsibilities when working from another country.
The project was proposed by Alejandro Pacheco Castro from the Christian Social Unity Party and began its legislative process on January 19, 2023. Following its approval by the Commission, this project will advance for discussion and subsequent voting in the Plenary.
If you have any questions regarding this, please do not hesitate to contact Laura Navarette, Senior Manager at [email protected]
