New Ways of Working
Explore and keep track of key legal and compliance considerations for multinational employers as new ways of working become increasingly embedded as the pandemic begins to recede. Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.
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01. Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?
02. Outline the key data protection risks associated with remote working in your jurisdiction.
03. What are the limits on employer monitoring of worker activity in the context of a remote-working arrangement and what other factors should employers bear in mind when monitoring worker activity remotely?
04. Are employers required to provide work equipment (for example, computers and other digital devices) or to pay for or reimburse employees for costs associated with remote working (for example, internet and electricity costs)?
05. What potential issues and risks arise for employers in the context of cross-border remote-working arrangements?
06. Do employers have any scope to reduce the salaries and/or benefits of employees who work remotely?
07. Do employers have a legal duty to provide covid-19-safe working environments? If so, what practical steps can employers take to satisfy this duty?
08. Can employers require or mandate that their workers receive a covid-19 vaccination? If so, what options does an employer have in the event an employee refuses to receive a covid-19 vaccination?
09. What are the risks to an employer making entry to the workplace conditional on an individual worker having received a covid-19 vaccination?
10. Are there some workplaces or specific industries or sectors in which the government has required that employers make access to the workplace conditional on individuals having received a Covid-19 vaccination?
11. What are the key privacy considerations employers face in relation to ascertaining and processing employee medical and vaccination information?
12. What are the key health and safety considerations for employers in respect of remote workers?
13. How has the pandemic impacted employers’ obligations vis-à-vis worker health and safety beyond the physical workplace?
14. Do employer health and safety obligations differ between mobile workers and workers based primarily at home?
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15. To what extent are employers responsible for the mental health and wellbeing of workers who are working remotely?
16. Do employees have a “right to disconnect” from work (and work-related devices) while working remotely?
17. To what extent have employers been able to make changes to their organisations during the pandemic, including by making redundancies and/or reducing wages and employee benefits?
18. What actions, if any, have unions or other worker associations taken to protect the entitlements and rights of remote workers?
19. Are employers required to consult with, or otherwise involve, the relevant union when introducing a remote-working arrangement? If so, how much influence does the union and/or works council have to alter the working arrangement (for example, to ensure workers’ health and safety is protected during any period of remote work)?
15. To what extent are employers responsible for the mental health and wellbeing of workers who are working remotely?
15. To what extent are employers responsible for the mental health and wellbeing of workers who are working remotely?
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France
France
- at Proskauer Rose
- at Proskauer Rose
- at Proskauer Rose
Employers are liable within the limits of their obligations (see question 12). As long as employers respect these obligations, in case of litigation, it will be up to the employee to demonstrate that the deterioration of their health is related to the employer's failure to respect its obligations.
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Spain
Spain
- at Cuatrecasas
- at Cuatrecasas
Employers may be responsible for mental health and wellbeing, and this is an issue on which the Labour Inspectorate’s focus is increasing considerably.
This responsibility would mainly depend on the actions the employer takes (and can prove), in particular, implementing a risk-assessment and prevention activity plan (including information and training sessions) and certain policies and their implementation.
In other words, companies should act proactively to prevent situations that may harm employees’ mental health.
If employers can prove they have complied with these obligations, the risk of being responsible for remote workers’ mental health and wellbeing decreases significantly.
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Contributors
Argentina
MBB Balado Bevilacqua
Australia
People + Culture Strategies
Austria
Littler
Belgium
Van Olmen & Wynant
Brazil
Pinheiro Neto
France
Proskauer Rose
Germany
CMS Hasche Sigle
Greece
Kyriakides Georgopoulos Law Firm
Hong Kong
Lewis Silkin
India
Nishith Desai
Ireland
Littler
Italy
Toffoletto De Luca Tamajo
Mexico
Marván, González Graf y González Larrazolo
Netherlands
Rutgers & Posch
Poland
Bird & Bird
Portugal
Cuatrecasas
Qatar
Clyde & Co
Saudi Arabia
Clyde & Co
Spain
Cuatrecasas
Sweden
DLA Piper
Switzerland
Lenz & Staehelin
Turkey
Gün + Partners
UAE
Clyde & Co
United Kingdom
Littler
United States
Littler
Contributors
France
Proskauer Rose
Spain
Cuatrecasas