Can an Employee Refuse to Return to In-Person Work?

Labor legislation does not provide for situations in which an employer may keep an employee working remotely/from home.

However, from the analysis of the rules that regulate labor relations, it is clear that, if provided with medical documentation that classifies the employee as belonging to a certain risk group, he or she may request to remain or be included in the group of employees who are working remotely and/or from home, or, alternatively, file a labor complaint requesting indirect termination of the employment contract, due to being in clear danger of considerable harm.

However, if the employee refuses to work in person, without the aforementioned documentation proving the need to carry out the work remotely, the employer may dismiss the employee with just cause and withhold payment of all amounts inherent to the contract.