La responsabilidad del empleador derivada de los riesgos laborales bajo las diferentes modalidades de trabajo a distancia adoptadas en tiempo de cuarentena. caso: dos instituciones de educación superior de Santiago de Cali

Abstract

The present investigation tries to raise and describe the responsibility of the employer that derives from the change of the contractual labor relation in the higher education centers of the city of Cali, labor relation in which the employee or worker makes available to the institution all his intellectual and physical capacity to carry out certain tasks, and, in consideration the institution makes a salary for the services provided; Since the emergence of the pandemic generated by Covid-19, these institutions required to adopt new forms and styles of work which modified the formalities (workplace and schedule) indicated in the labor contracts initially agreed and people are incurred in new labor-type risks due to the new working conditions required by the social situation that arises.

The case study is descriptive, with a mixed approach, using the deductive method starting from the concept of work to actions in occupational health and safety measures to avoid the risk of occupational diseases that may arise under the modality of work. remotely during the Covid-19 quarantine; From the qualitative point of view, various sources of information were reviewed and analyzed, such as current Colombian regulations, books, web pages of the IES of Santiago de Cali, ARL, Ministry of Health, Ministry of National Education - SNIES Information System, for the quantitative Several interviews were conducted with officials from the Javeriana and Unicatólica IES to find out the work modality implemented during the COVID-19 quarantine and under what conditions it was carried out in order to conclude whether the necessary specifications were met to provide teleworkers with the minimum working conditions. to operate in this form of work.

As a result of the investigation, it was found that university institutions prioritized to mitigate the impact of Covid-19 on the health of workers and to safeguard the health issue from the contagion of this, that of the working conditions of the teleworker; As it was an atypical and conjunctural case that no one was prepared for, the only option for academic and work continuity was telework, however, there was total neglect of the physical and psychosocial risks to which teleworkers are exposed. For their part, the ARLs did not provide support and advice to employers and workers on the labor risks implicit in remote work or telework, despite the existing regulations on the whole topic of telework