Introduction
In Resolution No. 006896-2024-SERVIR/TSC–First Chamber, the Civil Service Tribunal (TSC) analyzed the controversy related to the change in work modality from face-to-face to partial teleworking requested by Fabiana Domínguez Rodríguez, a worker at the Regional Directorate of Education of Metropolitan Lima. The ruling highlighted the importance of proper motivation in administrative acts and respect for workers’ rights, especially in the context of teleworking.
Context of the case
Fabiana Domínguez, protected by Law No. 31572 (Teleworking Law), requested to continue under the modality of total teleworking, arguing health and family care reasons. However, the entity responded with a change to partial teleworking, forcing her to attend in person three days a week. Faced with this decision, Domínguez lodged an appeal, questioning the reasonableness and legality of the change.
Analysis of the court
The TSC evaluated several key aspects:
- Due motivation: The Court determined that the administrative act lacked sufficient motivation, violating the principle of legitimacy in public decision-making.
- Teleworking Law: It underlined the need to prioritise this modality for vulnerable populations, considering factors such as work-life balance.
- Role of SERVIR: The ruling highlighted the importance of public entities identifying positions that allow teleworking and adapting their decisions to the needs of workers and institutional objectives.
Considerations on teleworking
Law No. 31572 promotes teleworking as a modality that guarantees job continuity and improves the quality of life of workers. The law establishes that public entities must evaluate positions that are suitable for teleworking and prioritize workers in vulnerable situations, such as people with family responsibilities or health problems.
Resolution of the case
The Civil Service Tribunal declared null and void the administrative act issued by the Regional Directorate of Education of Metropolitan Lima on the grounds that it lacked due motivation, thus violating the principle of legitimacy that should govern public decisions. In its ruling, the TSC ordered the entity to review and issue a new administrative act that respects the guidelines established in Law No. 31572, prioritizing the vulnerable situation of the worker, who justified her request for total teleworking on health and family care grounds.
Likewise, the Court emphasized that public entities must assume a proactive role in the implementation of teleworking, identifying the positions susceptible to this modality and ensuring that their decisions reflect a balance between the needs of the workers and the institutional objectives. This ruling not only resolves the particular case, but also sets an important precedent for the correct application of teleworking in the public sector, promoting a more humane and flexible approach that is aligned with current legal provisions.
Conclusion
Resolution No. 006896-2024-SERVIR/TSC-First Chamber reinforces the Civil Service Tribunal’s commitment to the protection of labor rights and the promotion of a more humane and flexible work environment. This ruling underlines the importance of proper motivation in administrative acts and of prioritizing teleworking for workers in vulnerable situations, as established by Law No. 31572. It also emphasizes the responsibility of public entities to guarantee balanced decisions that respect the rights of employees and align with institutional objectives. This case sets an important precedent for strengthening the effective implementation of teleworking in the Peruvian public sector, promoting a management model that recognizes the individual needs of workers and contributes to their integral well-being.
Source: https://www.linkedin.com/posts/mauricio-almonte-645873b2_res-6896-2024-servir-ugcPost-7287488819224850432-pHkH?utm_source=share&utm_medium=member_android