CMS Expert Guide to remote working

Employers in different countries have responded and adapted in various ways to the new working practices set in motion by the pandemic. When this Guide was first published in 2020, it was still unclear whether the pandemic's effects would be long-lasting and what the long-term impact would be. We have adjusted to living and working with COVID-19, and our approaches to work and business continue to evolve. The push for employers to embrace remote work remains strong, but there are many factors to consider in this shift.

This Guide aims to help you explore key questions related to remote work, including:

• Is there legislation relating to work from home in your country?  
• How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?
• Can an employer force an employee to work from home?    
• Can an employee force an employer to allow them to work remotely?   
• Does an employer have to provide the employee with office equipment and supplies for remote work?
• Does a company have to reimburse an employee for expenses incurred while working from home?
• Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?       
• For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?
• Does an employee need to be insured to work from home?
• Is an employee who works from home protected by legislation for work-related accidents and illnesses?
• Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)
• Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

This Guide is especially valuable for managers and executives who have regional or international HR responsibilities. It provides essential information about the legislation and regulations governing remote work, helping you streamline your decision-making process and stay ahead in the ever-evolving world of remote work.

Should you need more support or a legal advisor to help you define and implement remote work in your company, feel free to reach out to us at employment@cmslegal.com.