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The massive shift to remote and hybrid working leaves many legal and practical ramifications that governments, employers and employees must contend with.
- Remote working is here to stay as employees demand more and more flexibility and organizations realize they can save money by adopting hybrid working models.
- The shift to remote and hybrid working requires governments, employers and employees to reassess existing policies and procedures.
- Issues such as insurance, the provision of essential work equipment, and spending policies may need to be considered.
In 2020, remote working happened almost overnight for millions of employees across Europe. Many employees who were previously tied to the office suddenly started working full time from home.
For some, working remotely has brought additional benefits and even improved productivity. Others found themselves trapped in a never-ending cycle of having to be “on call” and lost any semblance of work-life balance they previously had.
Remote work is here to stay
According to an Owl Labs State of Remote Work 2020 report, millions of people around the world report working remotely. Employers recognize that remote working is here to stay, but many are unsure how this new reality will impact their organizations and businesses.
The Economist (Special Report, April 10, 2021) reported that before the COVID pandemic, Americans spent 5% of their work time away from the office. By spring 2020, this figure had risen to 60%.
While the figure is unlikely to remain at 60% after COVID, the percentage of workers working remotely at least half the time is likely to increase from pre-pandemic levels. This will be a result of the growing number of companies that will adopt a hybrid work regime in the future.
The Owl Labs Europe report found that 89% of European companies plan to have a hybrid workforce after the pandemic. The shift to hybrid work is not just a response to workers’ demands; organizations have realized over the past year and a half that hybrid work can help businesses save money.
“Almost two-thirds of European business leaders said that hybrid work makes businesses more profitable, with companies (over 1,000 employees) the most likely to think so at 73% compared to SMEs at 55%” , found Owl Labs.
Whether companies take a remote or hybrid approach to working, the reality is that there is a massive change in the way people work. This leaves many legal and practical ramifications for governments, employers and employees.
Rights and responsibilities
How can this new legion of teleworkers ensure that their rights are protected and that their well-being continues to be assured? Do these employees understand their rights and, conversely, do employers know what their responsibilities should be towards remote employees?
The EU’s Joint Research Center asserts that ‘policies to support the transition to more ubiquitous remote working will need to carefully consider the potential benefits and costs for productivity, job quality, work balance -personal life and mental health of workers â€.
For example, there is no legal definition of “working from home” and UK occupational health and safety laws do not distinguish between working from home and working in the office. Europe has a voluntary agreement on teleworking (remote working) but this is not ratified by the Framework Agreement on Teleworking 2002 law.
What is the link between rules and hybrid work and the future of work in Europe?
The Europe edition of the Owl Labs Remote Working Report found that a significant proportion of European small and medium-sized businesses are considering a permanent transition to hybrid working.
However, the alternation between remote work and office work will require a significant change in policy. Employee preferences are driving this change, but employers in Europe are also realizing that they need to raise their standards and meet the demands of workers if they are to recruit the best talent.
With this in mind, employers will need to rethink their HR policies and practices to ensure that nothing is overlooked. Matters such as what days an employee is expected (if any) at the office and how often they can work from home need to be agreed upon.
Employers will also need to ensure that they continue to develop their employees’ careers, even from a distance. This will require a certain level of technological investment (for example, allowing employees to use the latest communication and messaging tools). Unfortunately, only 38% of European SMEs have so far committed to investing in new technologies.
Additional issues such as taxes, equipment and allowances need to be taken into account. For example, recall Deutsche Bank’s proposal last year that people choosing to work from home despite their company providing them with a permanent office should pay a “lien tax” at 5% of their salary. If, on the other hand, companies do not offer permanent offices, they should pay instead.
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Which countries are good at regulating remote working?
According to the latest EuroNews report, several European countries are leading the way in terms of the regulation of remote working:
Portugal – At the top of the ranking with their green paper on the future of work. The article aims to regulate new ways of working and to respond to the challenges of classifying labor relations in relation to hybrid work.
Germany – Made mandatory for workplaces to offer employees the possibility of working remotely as long as there is “no compelling operational reason not to do so”.
Ireland – With its large population of teleworkers, Ireland plans to make hybrid work available to employees in all relevant industries by next year. As in Germany, employers will need a good excuse to refuse a remote work request. Businesses will also be required to provide safe and suitable equipment for home offices.
Russia – As in Ireland, employers in Russia must provide the necessary equipment for remote workers to effectively perform their work from home and cover the cost of this equipment.
Other European countries such as Spain and Greece are presenting plans to overhaul their labor laws around remote working – in other countries nothing has been proposed or implemented to date.
Risks for employees
Employers are required to carry out a risk assessment of all work performed remotely. Employees can carry out the assessment on their own, but responsibility for the content of the final agreement rests solely with the employer.
The employer is responsible for protecting the occupational health and safety of staff working remotely in the same way that he is responsible for office workers.
Even if the employer is not present at home, this is an obligation that cannot be delegated. The employee’s responsibility is to ensure that he cooperates with his employer on all health and safety matters that may affect him while working remotely.
What are the risks associated with teleworking?
- An uncomfortable workstation
- Overuse of screens due to videoconferencing
- Poor quality material
- Lonely work (could cause a feeling of isolation)
- Working long hours (could lead to burnout) and insufficient time management (a lack of scheduled breaks, for example)
- Poor ventilation
- Inadequate lighting
- A lack of space
- Reduced time management
Research by the European Foundation for Living and Working Conditions (Eurofound) found that people who regularly work from home were twice as likely to exceed the maximum 48-hour workweek (read Eurofound’s report here) .
Remote working has offered employees several advantages, such as greater flexibility in working hours. On the other hand, it is often more difficult to find a healthy work-life balance when there is no one around to tell you to “switch offâ€.
According to Eurofound, this new culture of employees being “constantly available†could lead to a greater sense of burnout, increased anxiety and even depression. Time-savvy employees can thrive on remote working, but what about those who struggle without the structure and routine that office work can offer?
Remote work policies should be followed in the same way as office work, although adjustments should be made. Issues such as insurance, the provision of essential work equipment, and expense policies may all need to be considered by the employer. Policies regarding discrimination and complaints procedures apply equally to remote workers as they do to office staff.
It’s time to update policies and procedures
Different countries will have a range of advisory services that employers can use for personalized support around remote working. In the UK, for example, the Advisory Conciliation and Arbitration Service (ACAS) provides an example of the ACAS Checklist (UK) remote work policy.
The bottom line is that employers who are willing and able to make remote working a possibility should work collaboratively with employees to ensure that everyone’s rights and responsibilities are protected.
If remote working is to be successful as a present and future working practice, it is essential that policies and procedures are continually updated, adapted and rigorously followed by everyone involved. Employers need to provide adequate resources to their remote employees so that they can continue to be productive and successful, regardless of where their agreed-upon workplace is located.
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