Work from home is flexible. It can be implemented by a company-level agreement concluded with trade unions or by a policy unilaterally issued by the employers and subject to the opinion of the works council (if any).
In the absence of a company agreement or policy, it is also possible to conclude an individual agreement with the concerned employee.
In any case, it is highly recommended to set terms and conditions in writing to clearly define the parties' obligations.
Remote working cannot be imposed unilaterally by the company or by the employee, it should be agreed between both parties.
In order to do so, and before beginning to work remotely, a written agreement must be formalized and be attached to the employment contract. This agreement should regulate, among other things:
- An inventory of the resources, equipment and tools necessary for providing services;
- Expenses in which the employee may incur, as well as how this should be calculated;
- Term of the remote working arrangement and notice periods for reversing it;
- Percentage and split between on-site and remote working;
- The company's control measures;
- The employee's chosen remote working location.
Moreover, the company will provide the employees' representatives with copies of all remote working agreements and details of all actions taken. Once the above has been done, said copies will be sent to the employment authority.