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CMS Expert Guide to mobile working

Although challenges brought on by the pandemic vary from country to country, COVID-19 has changed the way we work and do business. The situation has also raised questions: Will the pandemic's impact be permanent and if so what will be the long-term fallout? Will mobile working, widely employed during restrictions, become the norm in the future? Or will employees gradually return to onsite offices, factories and warehouses? 

There is a push towards normalising remote work, which many experts believe will not just be a temporary solution. But there are many aspects to consider regarding remote work and this guide should help you find answers to essential questions, which include:  

  • Is there legislation relating to work from home in your country?  
  • How can work from home be implemented in a company (e.g. through collective bargaining agreements, unilateral decision, employment contracts)?
  • Can an employer force an employee to work from home?    
  • Can an employee force an employer to allow him 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 while working from home?
  • Does an employer have to grant an employee a specific work-from-home allowance? If so, under what conditions can an employer not pay such an allowance?    
  • Is an employer responsible for ensuring proper working conditions from a health and safety perspective for employees who are working remotely?
  • Does an employee need to be insured to work from home?
  • Is an employee working from home protected by legislation for work-related accidents and illnesses?
  • Is the employer permitted to charge employee claims for “work-from-home cost reimbursement” against his saved expenses? (Saved expenses could include the employee’s reduced costs for transportation, gasoline, lunches in restaurants and dry-cleaning charges for office attire)? 

Should you need more support and a legal advisor to help you define and implement mobile work in your company, feel free to reach us at [email protected].