La necesidad de la implementación legal del teletrabajo como impulso económico en los estados de excepción en Colombia: su regulación y estado actual.

Abstract

Teleworking in Colombia has not been a tool used by antonomasia in the various sectors of production and distribution of goods and services, both in the private sector and in the public sector. All of this, despite the technological progress and extensive development of Information and Communication Technologies that is evident in the country; computer and virtual systems are not used in most workplaces, even state entities do not possess systems effective enough to carry out activities concerning public administration. The economic, social and ecological crisis in the country in 2020, caused by the SARS-COV2 virus, which was declared a pandemic by the WHO, highlighted the serious failures of the public and private sectors to deliver their services in a virtual manner and, above all, in order to maintain the internal structure of the entities, stricto sensu, with respect to the workers' plant.Following this crisis, which generated the declaration of a state of emergency in the national territory, the first measures taken by the employers were the suspension of activities, of labor contracts, the granting of advance vacations and, only in some cases, to try to continue with the work activities in a virtual way, obviously with many flaws and gaps regarding the knowledge and application of virtual mechanisms that would allow the achievement of the objectives set by the different entities and companies. However, with regard to the failure in the technological field, it is irrelevant to deal with by the line of study proposed by this work; however, The figure by which both the State and individuals as employers used to try to continue their activities is teleworking or work at home (entirely different concepts, whose study will be addressed in the theoretical framework of this research), being teleworking A mistaken connotation, under which, the distance workers, from their homes were able to continue to fulfill the contracted tasks; hence this topic of investigation arises, since the implementation of teleworking in the state of emergency decreed in Colombia in 2020, is practically null, For what exists is the figure of work at home, which is not regulated, and it is simply the development of the employment contract already established outside the provisions of Law 1221 of 2008 it cannot therefore be said that in the light of these emergency measures there is teleworking. This position is shared by the Ministry of Labor through Circular 041 dated 4 June 2020.