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?

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?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Remote working in Greece may be agreed only with the employee’s written consent (ie, provided in the initial employment agreement or by the signing of an amendment to the employee’s employment agreement regarding the employee’s place of work).  By exception,  remote working  may be implemented unilaterally, either on behalf of the employer only for specific reasons related to public health (ie, a pandemic such as covid-19) or upon a relevant employee request due to reasons of health. The specific health problems justifying the exceptional unilateral implementation of remote working are anticipated to be defined soon by a relevant Ministerial Decision,  as the relevant draft ministerial decision is currently under public consultation.  

Please note that a new employment law was introduced in June 2021 in Greece (Law No. 4808/2021), which includes provisions regarding remote working arrangements. Such law applies only to employees under a dependant employment relationship (ie, the law does not refer to gig workers or independent contractors).

Under the current legal framework, employers’ obligations continue even while their employees continue to work remotely. Such obligations include, among others, ensuring equal treatment of employees, providing equipment and covering the costs of expenses that may occur, protecting employees’ health and safety, and monitoring of employees’ working hours and work behaviour daily.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

The General Scheme of the Right to Request Remote Working Bill 2022 (the “General Scheme”) was published in January 2022 (see here).  Once enacted, the legislation, will introduce a legal framework in Ireland for employees to request remote working arrangements.

The General Scheme provides an overview of what is likely to be contained in the Right to Request Remote Working Bill.  It is proposed that all workplaces will be required to have a remote working policy, specifying the manner in which remote working requests will be managed, the time frame in which a decision will be made and the specific terms which will apply to remote working arrangements.  Failure to do so may result in a fine of up to €2,500.  It is proposed that employers will be required to bring this policy to the attention of employees on commencement of employment and at least annually thereafter, or when amended.  

The General Scheme provides that employers will be permitted to decline a request for remote working were satisfied that, in its view, the request is not suitable on business grounds.  The General Scheme sets out a list of non-exhaustive business grounds.  It is proposed that employers will be required to respond to requests within 12 weeks.

In line with most Irish employment protections, it is anticipated that this right will be limited to employees only, and so will not extend to independent contractors or “gig” workers who are not employees.

The legislation is expected to be finalised and implemented later this year, with plans to develop a code of practice to provide employers with further guidance.  In the meantime, the government has introduced guidance for working remotely (see here) and a remote working checklist for employers (see here).

Last updated on 16/08/2022

02. Outline the key data protection risks associated with remote working in your jurisdiction.

02. Outline the key data protection risks associated with remote working in your jurisdiction.

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Although necessitated by the circumstances, the transition of employees from corporate networks to largely unmonitored and vulnerable private networks outside the reach of perimeter-based security tools finds most employers unprepared and, thus, exposed to greater cyber threats and personal data breaches compared to on-site work. Employers are urged to take into consideration the increased risks a remote working environment poses to their data, systems, and networks and to invest heavily in IT security, while employees are encouraged to carefully follow all IT security guidelines, stay alert to security incidents, and be vigilant with phishing attacks. Within this framework, the Hellenic Data Protection Authority (HDPA) issued “Guidelines for implementing safety measures in the context of teleworking” on 15 April 2020, including appropriate safety measures concerning network access, the use of email or messaging applications, the use of terminal or storage media and how teleconferencing takes place to mitigate data protection risks associated with remote working.

On the other hand, many of these measures may result in more extensive collection and processing (recording, use, disclosure, etc) of employees’ personal data, including monitoring procedures. The key issue for most employers amid these circumstances is to find the right balance between protecting their IT systems and data, on the one hand, and safeguarding the data protection and privacy rights of their employees while working from home on the other.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

The Data Protection Commissioner has issued guidance on the protection of personal data when working remotely (see here).

The key risks identified relate to protecting and preventing access to laptops, USBs, phones, tablets and other devices; emails; using unsecured networks to transmit data or to access company networks; and ensuring the security and confidentiality of hard-copy documents.

Employers should update data protection policies to take account of remote working and should also consider any data protection issues that may arise from an employee moving to work outside of Ireland.

Last updated on 21/09/2021

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?

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?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Limits on employer monitoring of worker activity do not significantly change in the context of remote working, taking into account that corporate equipment and networks are mainly used, and corporate data is being processed by employees. However, even if personal equipment is being used by employees, the following considerations should be taken into account.

According to applicable privacy and data protection legislation, HDPA decisions and the approach adopted by the European Court of Human Rights in Barbulescu v Romania in 2017, an employer may lawfully access and process personal data (emails and other documents) stored in employees' computers in cases where this processing is necessary for the overriding legitimate interests pursued by the employer or by a third party (legal basis of article 6 (1)(f) GDPR). Such legitimate interest of the employer may comprise the need to ensure the smooth running of the business by establishing mechanisms for checking that its employees are performing their professional duties adequately and with the necessary diligence, as well as the need to protect its business and property from significant threats, such as hindering the leaking of confidential information to a competitor or providing evidence of employee's criminal activities. In the latter case, the employer should, however, ensure that it does not enter into the exercise of investigative actions which, by law, are executed exclusively by the competent judicial-prosecutorial authorities.

Particular emphasis should be paid to ensuring the necessity and proportionality of the planned measure and the employer should be able to demonstrate that no less onerous and invasive measures exist to achieve the goal. In this context, excessive and constant monitoring of employees’ computers and communications cannot be justified. In addition, access should not extend to all communications and their content, but only to those necessary under the proportionality principle.

Employees have a legitimate expectation of privacy in the workplace, which is not altered by the fact that they use equipment, communication devices or any other professional facilities and infrastructure of the employer, even more so if they use their personal equipment. Even if employees have been explicitly informed beforehand of a relevant internal regulation that prohibits the personal use of company computers, this alone does not legally justify monitoring or control of the personal data processed by the employee;  a more specified notice is required. In particular, employers should inform employees beforehand, in clear and plain language, of the implementation of monitoring methods and their purpose, extent, nature, circumstances, etc, as required under articles 13 and 14 of the GDPR. In addition, employees should be provided with internal regulations on the proper use of company resources.  Lastly, employees’ representatives should also be informed of and express their opinion before the establishment of any monitoring systems in the workplace.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Employers must have regard to an employee’s right to privacy and data protection rights. They must have a legal basis under GDPR for processing employee personal data in that manner and must also be able to demonstrate that the monitoring in question is a necessary and proportionate action to achieve a legitimate aim; and that there is no less intrusive alternative way of achieving that purpose.

Guidance from the Data Protection Commissioner has focused on employers being transparent regarding the measures they adopt, including the purpose of collecting any personal data; minimising the amount of data that is processed; and preserving the confidentiality of any such data.

Last updated on 21/09/2021

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)?

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)?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Employers are obliged to compensate the cost of remote working and provide technical support (ie, IT support services) to remote workers. In particular, employers must cover all costs associated with remote working, including:

  • the cost of equipment required for remote working (laptop, mouse, keyboard, printer if needed, etc). Alternatively, it may be stipulated in the remote working agreement that the employee will use their own equipment;
  • the cost of telecommunications (ie, use of internet connection, phone, etc);
  • the cost of maintaining such equipment;
  • the cost of restoring any damage caused to it (ie, either compensate the cost of fixing equipment used or replace the same. The employer’s obligation to cover such cost also remains in case the parties have agreed that employees will use their own equipment;  
  • the monthly cost of the employee using their home as a workplace.

According to the respective ministerial decision issued in December 2021, the minimum remote work costs are determined as follows:

i) 13 Euros per month for the use of employee’s residence as a workplace;

ii) 10 Euros per month for the coverage of telecommunications costs;

iii) 5 Euros per month for the maintenance of the work equipment.

In case the employer covers the telecommunication through a separate contract signed with a telecommunication provider company and covers internet use, then the payment of the respective cost is not paid to the employee. Similarly, if the work-related equipment is already provided by the employer, the latter is not obliged to pay any maintenance costs to the employee.

Finally, if remote work is provided for less than 22 days per month, the employee is entitled to receive a percentage of 1/22 of the above amounts, for each day of remote work.

The aforementioned costs are paid as expenses and therefore as net amounts free form social security contributions and taxes.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Unless provided for in an employment contract, there is no mandatory obligation on an employer to provide particular work equipment (save as part of its ongoing health and safety obligations), to pay a working-from-home allowance or to reimburse employees for costs associated with remote working.

The Irish tax authorities permit an employer to pay an allowance of up to €3.20 per working day tax-free to employees who are working from home to cover expenses such as heat, electricity and broadband. Any amount paid over and above this permitted limit of €3.20 is fully taxable as income. Here no allowance is paid, an employee may recover up to 30% of the cost of their broadband, heat and electricity costs directly from Revenue, the Irish taxation agency. However, only costs that are attributable to working days are recoverable.

Equipment that is provided by an employer to enable an employee to carry out his or her work (eg, laptop or monitor), and which is used by the employee primarily for work purposes, is not taxable as a benefit-in-kind. Vouched expenses that are incurred wholly and exclusively in the course of an employee’s duties are not generally subject to tax, but this exemption is applied on an extremely limited basis.

Last updated on 16/08/2022

05. What potential issues and risks arise for employers in the context of cross-border remote-working arrangements?

05. What potential issues and risks arise for employers in the context of cross-border remote-working arrangements?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

From a Greek employment law perspective, if employees are permanently working remotely in Greece, the application of certain provisions of Greek labour legislation that constitute mandatory law (ie, the payment of severance in case of termination, overtime payment, annual leave entitlements) may apply, if more favourable for the employee.

From a Greek social security law perspective, in general, employees will be insured and therefore pay social security contributions to the Social Security Fund of the country where they provide their work. However, there is no specific legal provision regarding payment of social security contributions for remote working (ie, in cases where an employee is working physically from a country where the company has no legal entity). According to the guidelines of the Ministry of Labour, in case of such remote working arrangements, an employee would be insured and therefore pay social security contributions to the Social Security Fund of the country where the company has its legal entity and from which the employee is paid through its payroll system.

From a Greek tax law perspective, as well as under the double-tax treaties signed by Greece, if an individual is in a dependent employment relationship with a non-Greek employer and provides his or her services remotely from Greece permanently (ie, for more than six months) while using as a fixed place his or her home, there might be a permanent establishment (PE) risk in Greece for the non-Greek employer, to the extent the services rendered from Greece constitute the core business of the foreign company and are not limited to auxiliary or preparatory activities.

Also, if a non-Greek company signs an independent services agreement with an individual (contractor) and the contractor is authorised to conclude binding contracts on behalf of the non-Greek employer in Greece with Greek clients, a dependent agent PE risk for the non-Greek company may also arise.

Furthermore, irrespective of the PE risk, based on domestic law if an individual provides employment services from Greece (to a Greek or non-Greek employer), his or her employment income is considered Greek sourced. Thus, it should trigger local tax reporting and tax compliance liabilities for the non-Greek employer, who should be registered with the Greek tax authorities to withhold  Greek personal income tax and special solidarity contribution (if any) corresponding to the employment income of the employee every month. It is noted that such a tax registration, reporting, or compliance liability does not apply for the non-Greek company in case of an independent services agreement with a contractor.

Lastly, from the individual’s point of view, if he or she works from Greece for more than 183 days per year, it might create a tax residence issue under the domestic tax rules, in which case he or she should be subject to regular Greek taxation and should be taxed in Greece for his or her worldwide income according to the relevant domestic income tax rules. 

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Employees working remotely outside Ireland may create expensive tax liabilities for themselves and their employers. It’s important to be aware of these before any long-term decisions are made.

The foreign country in which the employee is working may seek to tax some or all of that employee’s income from the employment. This is based either on the fact that a substantial number of days have been worked in that other country or in some cases on the basis that the employee has become a tax resident there under local law. Further, social security liability may accrue (which is generally assessed separately from income tax).

The main concerns for employers will be whether there is an obligation to operate local payroll withholding and whether local social security rules add significantly to the wage bill. The rules vary widely between countries and, unfortunately, there is no “one size fits all” approach to managing this issue across multiple jurisdictions.

Employers will also need to consider two corporate tax risks. First, an employee working abroad may in some circumstances constitute a permanent establishment of the employer in that other country, exposing part of its profit to corporate taxes there. Second, if an Irish company has directors based abroad, there is a risk of the company also acquiring corporate residence in another country.

Last updated on 21/09/2021

06. Do employers have any scope to reduce the salaries and/or benefits of employees who work remotely?

06. Do employers have any scope to reduce the salaries and/or benefits of employees who work remotely?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Equal treatment between employees working remotely and those working at the company’s premises are guaranteed. Any reduction of salaries may be implemented only following the employee’s consent (ie, by signing an amendment of the employment agreement).

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Any unilateral reduction of salary or benefits by an employer without the consent of an employee can be challenged by way of a breach of contract claim, an unlawful deduction of wages claim, or a claim of constructive dismissal on the part of an employee. However, such a reduction could be agreed upon between the parties as part of an agreement, for example, to permit the employee to work remotely permanently.

Last updated on 21/09/2021

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?

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?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

In principle, covid-19 vaccination is not mandatory. By exception, according to a specific legal provision which is currently in force until 31 December 2022, vaccination is mandatory for employees working at nursing homes/care units for people with disabilities and for medical staff (doctors, nurses, etc) and employees working at health care structures (ie, diagnostic centers, rehabilitation centers, clinics, hospitals). Moreover, this obligation applies not only to employees directly employed by such structures, but also to any external employee of a third party provider with an existing contract with the aforementioned health structures  who provides his/her services with physical presence therein for the purposes of execution of said contract, as well as to any other person providing services to those structures or any trainee employee providing services therein under a tripartite internship agreement between the company and the university.  

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Realistically, no. There is no specific prohibition on employer-mandated vaccination in Ireland, but it will be difficult for employers to justify making vaccination mandatory under existing Irish employment law principles. Employers can, however, encourage employees to get the vaccine.

Employer-mandated vaccination presents several significant risks to employers: breaching the implied term of trust and confidence in employment contracts, giving rise to constructive dismissal claims; legal arguments that the requirement is an unconstitutional encroachment upon an employee’s private life; data protection issues; and discrimination risks.

Current government guidance, as set out in the Transitional Protocol is that the decision to get a vaccination is voluntary and that workers should therefore make their own decisions in this regard.

Last updated on 16/08/2022

09. What are the risks to an employer making entry to the workplace conditional on an individual worker having received 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?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

See question 7 regarding vaccination and entering the workplace.

Given that covid-19 vaccination is not mandatory (with some exceptions for employees working in nursing homes, hospitals, etc), making entry subject to having received a covid-19 vaccination is not lawful and gives employees grounds to raise a discriminatory claim against their employer.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Where employers can objectively justify restricting access on that basis (e.g. to maintain a safe working environment), the risk of such a restriction being successfully challenged is limited. However, the processing of this data may be problematic from a data protection perspective.

In any event, it does not confer any particular advantage to adopt this approach given that the current official guidance is that employees continue to follow best practice guidance, such as, following the public health advice regarding self-isolation and staying away from the workplace when displaying any symptoms of Covid-19, irrespective of an employee’s vaccination status.

Last updated on 16/08/2022

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?

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?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Vaccination is mandatory for specific categories of employees (see question 8) as well as all employees working at public and private hospitals. Employees of the health and care sector cannot duly provide their services if they are not vaccinated and their employer is released from their obligation to pay salaries.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

No.  However, guidance issued by the Data Protection Commissioner (see here) provides that vaccination may be considered a necessary safety measure in certain circumstances, including the provision of healthcare services.  The HSE (the largest employer of healthcare workers in Ireland) has been permitted to seek information about employee’s vaccination status to assess any potential risk to patients and other employees.

Last updated on 16/08/2022

11. What are the key privacy considerations employers face in relation to ascertaining and processing employee medical and vaccination information?

11. What are the key privacy considerations employers face in relation to ascertaining and processing employee medical and vaccination information?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Medical and vaccination information falls within a special category of data (ie, data concerning health) according to article 9 of the GDPR.  Against this background and according to article 27 of Greek supplementing law 4624/2019, it can be only processed for employment related purposes in exceptional circumstances (i) if necessary to exercise rights or comply with legal obligations derived from labor law or social security law, such as the obligation of the  employer to protect employees’ health and safety in the workplace under the provisions of Greek Law 3850/2010; and (ii) if it cannot be considered for any reason that the employee as a data subject has an overriding legitimate interest (article 9(2)(b) of the GDPR and 27(3) of Law 4624/2019). Furthermore, according to Directive 115/2001 issued by the HDPA, health data must be exclusively collected directly from the employees themselves and only to the extent such information is absolutely necessary for (i) the employee's (or candidate's) evaluation for a specific job position or (ii) the fulfillment of the employer's obligations concerning health and safety at work as per Greek Law 3850/2010.

Moreover, when processing employees’ health data, employers must comply with fundamental data-processing principles (article 5 of the GDPR) and any other obligation provided for under the GDPR when processing special categories of personal data as data controllers. In particular, data minimisation and storage limitation principles must be observed by employers. In addition, employees have to be previously informed according to article 13 of the GDPR of the processing of their personal data and appropriate technical and organisational measures must be implemented according to article 32 of the GDPR (eg, restricted access to data and confidentiality).

 

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Information about a person’s vaccination status is special category personal data for the purposes of the GDPR. It represents part of their personal health record and is afforded additional protections under data protection law.

The Data Protection Commissioner has issued guidance stating that the processing of information about an employee’s vaccination status is unlikely to be necessary or proportionate in most employment situations (see here), except potentially in industries which have a very obvious, urgent and direct safety need (such as the provision of frontline healthcare services) or the Irish government introduces new measures requiring employers to process this data.

Last updated on 21/09/2021

12. What are the key health and safety considerations for employers in respect of remote workers?

12. What are the key health and safety considerations for employers in respect of remote workers?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Key considerations include health and safety issues, both in terms of mental health due to employees’ isolation from their colleagues, and in terms of safety because when working from home it is difficult to identify what constitutes and what does not constitute a work accident.

In general, employers are liable towards employees for health and safety issues even during the remote working arrangement; the employer is obliged to inform remote workers regarding company policies on health and safety matters including information about organisational and technical issues, equipment usage guidelines and inform them of the procedure to be followed if there is an accident during working hours, their right to take adequate breaks and their right to disconnect.

A new ministerial decision that will further specify such health and safety rules as well as the procedure that the Labour Inspectorate will follow to check compliance with health and safety measures is expected to be issued.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

Employers have an ongoing legal duty to maintain a safe working place and environment. Responsibility for health and safety at work rests with the employer, whether or not that work is being done at the worker’s home.

Employers need to consult with their employees to assure themselves:

  • that the employee is aware of any specific risks regarding working from home
  • that the work activity and the temporary workspace are suitable
  • that they provide suitable equipment to enable the work to be done
  • that there is a pre-arranged means of contact.

The Health and Safety Authority has produced helpful guidance and information on the health and safety issues relating to remote working, which is available here.

Last updated on 16/08/2022

13. How has the pandemic impacted employers’ obligations vis-à-vis worker health and safety beyond the physical workplace?

13. How has the pandemic impacted employers’ obligations vis-à-vis worker health and safety beyond the physical workplace?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Based on the provisions of the new law, employers must introduce a health and safety related company policy or individually notify each employee regarding the company’s applicable health and safety measures.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

The pandemic has not directly impacted employers’ obligations beyond the physical workplace from a health and safety perspective, as the legal duties and responsibilities that apply to employers predate the pandemic. The difference is that these issues have assumed a higher level of attention due to the wholesale adoption of remote working as a result of the pandemic.

Last updated on 21/09/2021

14. Do employer health and safety obligations differ between mobile workers and workers based primarily at home?

14. Do employer health and safety obligations differ between mobile workers and workers based primarily at home?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

No, as the current legal framework distinguishes between: (a) employees working at the company’s premises or any other designated by the company as a place of work (ie, another company, client, field); and (b) employees providing their services remotely. In both cases, the employers must ensure employees’ health and safety.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

No, except for particular categories of mobile workers (for example long-distance drivers) who have the benefit of specific protections when it comes to working hours and rest breaks.

Last updated on 21/09/2021

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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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

The law 4808/2021 stresses employers’ obligation to protect the mental health of remote workers. To that end, certain provisions have been enacted to encourage a good work-life balance, including the right to disconnect and the prohibition of any retaliation measures or discriminatory behaviour against employees exercising their right to disconnect.

Employers must also prevent the isolation of employees working from home and allow them to meet with their colleagues regularly, by organising meetings so they have access to all information concerning the company.

Also, employees working from home have the same collective rights as employees working at a company's premises. Communication with employee’s representatives should not be prevented.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

When it comes to protecting the mental health and wellbeing of workers, employers owe the same duties to employees who are working remotely as those who are not.  Employers have a duty to maintain a safe working environment, both in the workplace and when working remotely. 

Last updated on 21/09/2021

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?

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?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Companies that made use of the government’s state aid measures could not proceed with redundancies or salary reductions for as long as the measures were applied. Companies that did not make use of said measures were able to proceed with redundancies or agree on salary reductions with their employees.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

There has been no change to underlying employment legislation or rights, save for the suspension of the right of an employee who has been temporarily laid off for more than four weeks to claim an entitlement to a redundancy payment. This suspension, introduced as part of a suite of emergency measures at the outset of the pandemic, has now come to an end.

Any unilateral reduction of salary or benefits by an employer without the consent of an employee can be challenged by way of a breach of contract claim, an unlawful deduction of wages claim, or a claim of constructive dismissal on the part of an employee.

Last updated on 18/11/2021

18. What actions, if any, have unions or other worker associations taken to protect the entitlements and rights of remote workers?

18. What actions, if any, have unions or other worker associations taken to protect the entitlements and rights of remote workers?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Following the introduction of the law 4808/2021 regarding remote working, the role of trade unions will increase as they will seek to remain actively involved in certain processes related to remote working.

The main concerns of the General Worker’s Confederation, as notified to the government and  employers' organizations are:

•the introduction of teleworking through collective-bargaining agreements;

•the voluntary nature of teleworking and the minimum standards to be complied with;

•the safeguarding of remote workers’ rights and their communication with employee representatives; and

•the coverage of all costs related to working from home and all additional costs resulting from the use of employees’ homes as their offices.

We believe that there will be new collective labour agreements regulating working from home and flexible working arrangements in the future.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

No specific, coordinated actions have been taken other than normal day-to-day activities. The government’s Transitional Protocol which deals with the steps that employers must take to facilitate the reopening of workplaces, provides for the appointment of a Lead Worker Representative, whose role is to work together with their employer to assist in the implementation of and monitor adherence to public health measures to prevent the spread of covid-19 in their workplace. The Lead Worker Representative does not need to be a member of a trade union or any other worker association to carry out the role.

Last updated on 16/08/2022

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)?

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)?

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Greece

  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm
  • at Kyriakides Georgopoulos Law Firm

Remote working is agreed with each employee through the signing of a written agreement that should include all elements of the remote arrangement (ie,  equipment, costs to be covered by the employer, the employee’s right to disconnect, health and safety measures during the remote-working arrangement).

However, according to law 4808/2021 the technical and organisational measures required for the implementation of the employees’ right to disconnect must be agreed upon between the employer and the employee’s representatives. If no agreement is reached, the aforementioned measures must be communicated to the employee in writing.

Last updated on 14/07/2022

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Ireland

Ireland

  • at Littler

No, unless there is a collective bargaining agreement in place that imposes such a requirement. Ireland operates a voluntarist approach to trade union recognition, which means that there is no mandatory recognition of trade unions, and so they have limited (if any) influence in non-unionised workplaces.

Last updated on 21/09/2021