The structure of the conventional work setup has undergone changes over time, but the recent pandemic has accelerated alterations in the traditional work setups. Remote work setups involve an agreement on making work arrangements flexible for employees. With remote work arrangements, employees have more freedom in determining how they can carry out their tasks and their work schedule, which typically includes terms such as flex-time, banked hours, compressed work week, weekly work cycles, part-time work, job sharing, telework and smart working. Are there any other terms you are familiar with that describe this kind of arrangement?
It is important to consider the legal implications of remote work arrangements whenever such an agreement is made between an employer and an employee.
Selection of employees who can work remotely.Â
The process of determining which employees are eligible for remote work will involve various factors. Employers ought to ensure that the selection process is unbiased and does not involve any form of discrimination. Valid reasons for denying an employee the opportunity to work remotely may include:
- The added financial burden;
- A negative impact on meeting customer demand;
- Adverse effect on quality;
- Adverse effect on productivity;
- Intended organizational changes.
Alterations to the existing contract of employment.
The employment contract is a crucial guide for the responsibilities of both parties involved. If the proposed remote work arrangement will bring about substantial changes to these responsibilities, it should be approached collaboratively, potentially including a representative through collective bargaining.Â
Health and Safety of employees.
The Safety and Health Work Act 2005, CAP 356 aims to impose a responsibility on the employer or occupier to ensure the health, safety and welfare of all employees to the best of their ability. However, it remains uncertain how this duty applies to employees with remote work arrangements. Employers must explore ways to protect their employees and encourage them to evaluate their workspace for potential risks.
Develop a clear policy. Â
It is essential to have well-defined transparent rules that cover the qualifications, application procedures, communication expectations, and performance evaluation for remote work arrangements. This will help establish clear communication between all parties involved, ensuring that each employee is aware of how the process is being handled and can respond accordingly. Additionally, these guidelines will assist the employer in addressing any issues that may arise within the arrangement. While it may not be possible to regulate every aspect of the arrangement, making an effort to do so is a positive step in minimizing uncertainties.
Data Protection. Â
Employers must guarantee that their employees adhere to Data Protection regulations when working remotely, as the employer will be held accountable for any data breaches. It is essential for employers to establish data protection policies, including providing training to raise awareness among employees, implementing data encryption, and enforcing access control measures.
Several other legal considerations should be taken into account and addressed by employers and employees when there is a remote work arrangement. As the characteristics of the remote work arrangement evolve additional considerations will become relevant. It is advisable for both parties to stay informed and maintain open communication in order to prevent any rights violations or misunderstandings.
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