Telework is considered to be work carried out under legal subordination, usually outside the company, using information and communication technologies.
Principle of Equality
Workers under the regime of teleworking, have the same rights and duties as other workers, namely with regard to access to work, training and professional career development, limits on normal working hours and other working conditions, security, health and hygiene at work and the repair of damage arising from accidents at work or occupational diseases.
This regime cannot in any way imply personal or professional isolation of the teleworker.
The employer is bound by the duty to promote regular contacts between the teleworker and the other workers of the company in order to avoid the professional isolation of teleworkers.
Form of the Contract and its elements
The teleworking contract must be reduced to writing and must contain the following elements: identification of the parties, company headquarters, worker’s domicile, work headquarters, indication of the position or activity to be performed, with express mention of recourse to teleworking, indication of remuneration, normal period of work, signature of the parties.
The employer may establish a periodic teleworking plan in accordance with the company’s objectives and agree with the teleworker on the implementation of this plan, and the length of the employment contract may be adjusted to the execution time of the teleworking plan established by the employer, without prejudice of the employee’s seniority in the compan.
The telework activity is carried out by the worker under orders and instructions given directly by the employer or person authorized by the latter, and the performance of the activity carried out by the worker, oriented towards objectives and results, is compatible with the legal subordination regime.
The teleworking worker may be subject to time exemption, by agreement between the telecommuter and the employer.
Teleworking at Home
The parties to the teleworking contract may agree that the activity carried out by the teleworker takes place at his home or in a place chosen by him, with the employer responsible for contributing to the creation of conditions, namely ergonomic ones, that guarantee the provision of the activity in safe conditions for the teleworker.
The provision of telework activity at home may under no circumstances affect the private and family life of the teleworker or jeopardize the security of the home.
By agreement between the teleworker and the employer, teleworking at home can be moved to another location.
A foreign teleworker is considered to be an individual of foreign nationality, residing in Cape Verde, who performs a work activity under a teleworking regime.
With regard to foreign teleworkers, the provisions of the labor code regarding the hiring of foreigners and that established in the laws that regulate the entry, stay, exit and expulsion of foreigners from the national territory are applicable.