Law 19.978 on telework (Uruguay): what it says, article by article
Uruguay regulates telework: it's voluntary, there's a right to disconnect and the employer provides the equipment. What the law says, for employees and employers — with official sources.
Remote work is here to stay, and Uruguay set clear rules with Law 19.978. If you work (or have people working) from home as an employee, this is worth knowing. Here are the key points.
What telework is
The law defines it like this:
Per Law 19.978:
«la prestación del trabajo, total o parcial, fuera del ámbito físico proporcionado por el empleador, utilizando preponderantemente las tecnologías de la información y de la comunicación»
In English: the provision of work, total or partial, outside the physical premises provided by the employer, predominantly using information and communication technologies
Law No. 19.978 (telework) — IMPOhttps://www.impo.com.uy/bases/leyes/19978-2021It's voluntary and in writing
No one can force you to telework or to return to the office without agreement: changing the arrangement needs your written consent.
On voluntariness:
«El teletrabajo es voluntario, deberá obtenerse el consentimiento del trabajador, el que deberá constar por escrito.»
In English: Telework is voluntary; the worker's consent must be obtained and must be in writing.
Law No. 19.978, art. 3 — IMPOhttps://www.impo.com.uy/bases/leyes/19978-2021The right to disconnect
One of the most important points: you have the right to disconnect. The law sets a minimum rest between workdays:
On disconnection:
«Deberá existir una desconexión mínima de 8 horas continuas entre una jornada y la siguiente.»
In English: There must be a minimum disconnection of 8 continuous hours between one workday and the next.
Law No. 19.978, art. 14 — IMPOhttps://www.impo.com.uy/bases/leyes/19978-2021Equipment and costs: on the employer
Absent a different agreement, the equipment, supplies and services needed to telework are provided by the employer, who bears the installation, operation and maintenance costs. Telework doesn't shift those costs to the worker.
MTSS — Law 19.978 (telework)https://www.gub.uy/ministerio-trabajo-seguridad-social/institucional/normativa/ley-n-19978-fecha-20082021-normas-para-promocion-regulacion-del-teletrabajoWho it applies to (and who it doesn't)
Note this: the law regulates telework under subordination and dependence — i.e. employees. If you're a freelancer or unipersonal working for clients, you're not a “teleworker” in the law's sense: you're independent, under other rules (see our monotributo and IRPF posts).
Decree 86/022 — Telework regulationhttps://www.impo.com.uy/bases/decretos/86-2022What each article says
| Article | What it says |
|---|---|
| Art. 1 | Defines telework: working away from the employer's premises using technology, online or offline. |
| Art. 2 | Who it covers: dependent employees, with a private or non-state public employer. |
| Art. 3 | Principles: voluntary, reversible, equal rights, non-discrimination, employment promotion. |
| Art. 4 | Defines who counts as a 'teleworker'. |
| Art. 5 | It is agreed in writing, in the contract or an annex. |
| Art. 6 | The place is agreed by both parties; you can't require the employer to provide it. |
| Art. 7 | Switching mode needs a written agreement; 90 days to return on site, with 7 days' notice. |
| Art. 8 | Working time: the weekly cap still applies; at least 8 hours' disconnection between days; flexible hours. |
| Art. 9 | The parties agree how attendance is recorded. |
| Art. 10 | It changes how you work, not your labour rights. |
| Art. 11 | Health and safety: the employer stays responsible; the Labour Inspectorate may step in. |
| Art. 12 | Equipment: agreed by the parties; failing that the employer provides it, and it isn't salary. |
| Art. 13 | Work accidents: law 16.074 applies. |
| Art. 14 | Right to disconnect: outside your hours you don't have to reply. |
In short: Law 19.978 makes telework voluntary, with a right to disconnect and employer-provided equipment, for dependent relationships. If you're independent, other rules apply. Verify the details with the MTSS or your adviser.