Background That The Labor Department Could Consider When Analyzing The Existence Of Immediate Superior Supervision

Recently, the Labor Directorate, when asked if a company's salespeople were subject to immediate higher supervision (and therefore whether they were subject to working hours or excluded), indicated that in order to carry out such analysis, the following background information should be provided:

  • Documents that record the obligations that weigh on the salespeople (employment contracts or their annexes, job profiles, etc.)
  • The means of control through which compliance with such responsibilities is monitored (messaging applications, attendance records, video calls, geolocation, emails, etc.)
  • The frequency with which workers are monitored (daily, weekly, monthly, by closing of sale, by billing, etc.)

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