El teletrabajo como medio de desarrollo económico y social para Colombia, desde el análisis de las fuentes del derecho a nivel nacional e internacional aplicando el derecho comparado

Abstract

Telework is a form of employment developed through information and ICT communication technologies, therefore the objective of this monograph is to analyze the application of ICT through technological elements such as cell phones and computers, to demonstrate that workers who cannot travel to the employer's offices can be given an employment opportunity working from the home or any place other than the place where the employer's offices are located. The study methodology used in this monograph, was done by applying the inductive method through surveys of a population, they were asked specific questions to reach a general conclusion, also the comparative method was applied, when analyzing similarities and differences between the Colombian legislation, with the legislation Brazil, Italy, the United States, Peru and Portugal, in matters of teleworking. Finally, this comparative method ends by analyzing the views made by Judge José Pretelt of the Colombian Constitutional Court through Judgment C 337 of 2011 and Judge Angel Blasco of the Supreme Court of Madrid, Spain, through Judgment 379 of 2017. The result obtained in this monograph is the study of both ICT, as well as teleworking, to determine that the fundamental element of teleworking is the application of ICT, so that employer and teleworker retain mutual communication without forgetting that they remain the main elements of the contract actually consist of: relationship, subordination and dependence.