- On 22 September the government approved the remote-work decree.
- Regular remote work requires a written agreement, the employer must cover equipment and expenses, and the right to disconnect is strengthened.
- What was improvised in spring must become an orderly policy: contracts, data protection and health and safety.
On 22 September 2020 the government approved the remote-work decree. The rule established that regular remote work requires a written agreement, that the employer must cover the equipment and associated expenses and that the right to disconnect is strengthened. It was the first specific regulation of a way of working that had spread quickly in the preceding months. Putting it into practice would require many companies to review their internal organisation.
For many companies and workers, remote work had been an emergency solution during the lockdown, adopted without time to sort out the details. The new rule came to set rules for a reality that already existed and to pose a simple question: if remote work was going to remain part of the usual way of working, how should it be organised so that it works well and with guarantees for both sides?
What the rule requires
The decree sets out three basic ideas. First: regular remote work requires a written agreement between the company and the employee. Second: it is the company that must provide the necessary equipment and cover the associated expenses. Third: the right to disconnect is strengthened, that is, the right not to answer communications outside working hours.
Each of these ideas has practical consequences. The written agreement forces a clear definition of the conditions of remote work, such as place, hours or equipment; the coverage of expenses requires deciding how they are calculated and paid; and the right to disconnect calls for guidelines on when and how staff are contacted. The details depend on the text of the rule and on each collective agreement, and should be checked with the employment adviser. It is important not to rely on summaries and to go to the text or to a professional.
From improvisation to order
For many companies the improvised remote work of the spring had to become an orderly policy. What had been done in a hurry, without papers or rules, now needed contracts, criteria on who pays for what and clear rules on working hours. A company that does not put this in order is exposed to claims and misunderstandings. It also affects the relationship with those who work remotely, who need stable rules.
A clear policy benefits both sides. Staff know what is expected of them, what equipment they have at their disposal and how their expenses are covered; the company avoids conflicts and can organise its teams and costs better. And putting it in writing, in understandable language, reduces the risk of divergent interpretations when a disagreement arises. Clarity beforehand avoids conflicts that are later hard to resolve.
Beyond the contract
Contracts, data protection and health and safety entered the equation. Working from home means company information circulates over home equipment and networks, which calls for security measures. And the company remains responsible for the health and safety of its staff, at home too. These points are worth reviewing with the employment adviser and the data protection officer.
In practice, this means reviewing how company systems are accessed, which devices are used, how passwords and documents are protected, and what training staff receive on IT security and ergonomics. These are common-sense measures that reduce the risk of information leaks and occupational health problems, and that also show diligence if what was done ever has to be justified. And it is worth recording the instructions given to staff.
A written, coherent remote-work policy protects both the company and those who work from home.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
