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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Pre-covid, there was an assumption that employees would work from their employer's premises and remote working was not particularly prevalent. Immigration approvals are employer-specific and location-specific, in that the grant of a work permit authorises the individual to work from the employee's premises. Legislation has not, therefore, typically addressed the issue of home working or remote working. 

Due to covid-19, the government initially mandated that companies implement working from home for 80% of its workforce and that the remaining 20% of the workforce only work between the hours of 7am and 1pm. These restrictions have since been gradually lifted with employers now able to operate in the office with 80% capacity.

The Qatar Ministry of Administrative Development, Labour and Social Affairs (MADLSA) issued guidelines in April 2020 regarding remote working. The guidelines stated that:

  • teleworking conditions of employment should remain unchanged, there should be no change to salaries and benefits as a consequence of working from home;
  • working hours should not go beyond the hours that were being applied in the workplace;
  • employers should provide, where possible, the necessary equipment and supplies to ensure their employees can carry out their duties and enhance performance, including electronic equipment;
  • devise strategies to support safety and health of employees working remotely and mental health;
  • employees should maintain the same productivity as in the workplace and be available during working hours as agreed with their employer, and not undertake personal activities during working hours;
  • working from home does not replace regular annual leave;
  • a good work-life balance must be maintained.
Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Data loss, cyber security, privacy and maintaining confidentiality are the key data risks associated with working remotely.  Taking precautions against importing viruses, compromising system security, and maintaining confidentiality while working remotely are key considerations for employers. Internal policies and procedures should be put in place to ensure employees are aware of their obligations, and operating through virtual private networks could minimise potential risks. 

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Qatar has an established legislative framework pertaining to data protection and personal rights to privacy. By way of background, the Qatar government enacted Law No. 13 of 2006 relating to the protection of personal data (PDPL) in 2017, which imposes obligations on natural and legal persons processing data related to identifiable individuals using electronic means. Additionally, the Qatar data protection authority, the Compliance & Data Protection Department (CDP), issued 14 guidelines in November 2020 to clarify obligations under the PDPL (the Guidelines).

The PDPL and the Guidelines guarantee the rights of data subjects, including the right to information and access to their personal data; the right to rectification; the right to erasure; the right to restriction of processing; the right to object; and the right to not be subjected to automated individual decision-making.

The CDP was established in 2020, and now serves as an independent, effective and impartial oversight system that guarantees compliance with the PDPL. An individual whose privacy rights have not been respected can complain directly to the CDP.

The Qatar Penal Code (11/2004, as amended) also establishes criminal offences concerning intercepting or disclosing correspondence or telephone conversations.

In addition to the Qatari Constitution, the International Covenant on Civil and Political Rights (ICCPR) and the Arab Charter on Human Rights (ACHR), to which Qatar is a party, all enshrine the rights to privacy, freedom of speech and the right of access to a court. All three legal texts apply equally to Qataris and non-Qataris.

It is increasingly commonplace for employers to monitor the use of the internet and communications systems, especially email; however, an employer's ability to monitor employees' activities must be carefully managed and employers should obtain prior employee consent. Employers must observe the legislative framework set out above and ensure that their employees have provided their express consent to any monitoring – this could be captured under the data protection clause of the employee’s contract of employment.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Refer to question 1.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

While there is no explicit prohibition on working abroad, the key areas of concern and risk are as follows:

  • Application of local labour law – employers will need to consider whether the application of the labour law in the host jurisdiction can be excluded.
  • Public policy matters – it is possible that public policy rules in the host jurisdiction may apply to the employment relationship.
  • Health insurance requirements – it is possible that the minimum health insurance requirements in the host jurisdiction may exceed the minimum requirements in Qatar. 
  • Social security and tax – depending on the jurisdiction, an employee may incur liability for personal income tax and social security in the host jurisdiction.
Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Any reduction in contractual salary or benefits cannot be unilaterally imposed and will need to be mutually agreed upon with the employee.  There may be scope to unilaterally amend non-contractual benefits depending on how they have been structured.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

At present, there is no policy of mandatory vaccination in Qatar. It is therefore not compulsory for individuals to get vaccinated.  

If employees are unvaccinated or do not reveal their status, an employer would need to consider alternatives; including permitting remote work if this is suitable for the employee’s role or potentially putting in place other measures in the workplace such as separating unvaccinated employees from vaccinated employees, or requiring negative PCR tests instead of vaccinations.

Employers have the right to terminate employment contracts. Any termination must be carried out in compliance with the terms of the Qatar Labour Law and the employment contract (including the notice period if applicable and the payment of all pending entitlements).

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Implementing a mandatory vaccination policy poses a conflict between an employer’s obligations concerning the health and safety of its employees versus an employee’s right to choose whether or not to be vaccinated. Vaccination cannot be mandated; however, employers can state that access to the workplace will only be granted to those who are vaccinated. Imposing a requirement to take the covid-19 vaccination would require the employee’s consent. In such instances, consideration should be given as to the rationale and employee concerns, as well as whether employees perform a role that can be undertaken from home. The employer should also ensure that any vaccination policy allows for exceptions relating to pregnancy or other issues which may mean vaccination is not appropriate.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Not currently, but this may become a requirement in the future.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

There are various requirements under Law No. 13 of 2006 relating to the PDPL.  The PDPL offers data subjects several rights under articles 3, 5 and 6, namely the right to:

  • have their personal data protected and lawfully processed;
  • withdraw their previous consent to have their personal data processed;
  • object to the processing of their personal data if it is not necessary to achieve the purpose for which it was gathered, if it goes beyond its requirements, or if such processing is discriminatory, prejudicial or in violation of the PDPL;
  • request the deletion or removal of their personal data in the two circumstances referred to above, or if the purpose for which such personal data was processed no longer exists, or if there is no longer any reason to maintain the same by the controller;
  • request the correction of their personal data, provided that the evidence to support such a request is also submitted;
  • access their personal data and request to review the same, before any controller;
  • be notified that their personal data is being processed and the purposes for which it is being processed;
  • be notified of any disclosure of inaccurate personal data about themselves; and
  • obtain a copy of their personal data.

Furthermore, the CDP issued 14 guidelines in November 2020 to clarify the obligations under the PDPL (the Guidelines).  The Guidelines are intended to clarify the obligations under the PDPL. These include, for example, the requirement for controllers to:

  • maintain records of processing activities;
  • implement a Personal Data Management System to effectively manage the personal data that the controller processes and to report any violations of procedures and controls to the CDP;
  • carry out due diligence on data processors and put in place adequate contracts to regulate how they process personal data;
  • obtain authorisation from the CDP when processing any data of a “special nature” (ie, sensitive personal data), which includes data relating to health, religion, criminal convictions, and children;
  • carry out a data privacy impact assessment before undertaking new processing activities, particularly in the case of prospective data exports or the processing of special nature personal data;
  • notify the CDP or affected individuals within 72 hours in the event of certain data breach incidents; and
  • embed privacy into their processing activities and business practices, from the design stage and throughout their lifecycle.
Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

The Qatar Labour Law does not consider remote working separately. The general health and safety provisions set out in the Qatar Labour Law will need to continue to be complied with where applicable. 

Key health and safety considerations for remote working include:

  • Mental health – employers should consider what measures they can take to minimise the impact of remote working on employee mental health. This might include the introduction of wellbeing policies, counselling, and employee assistance programmes.
  • Electrical equipment – employers need to consider the provision and maintenance of electrical equipment.
  • Working environment – consideration should be given as to whether the employee has a suitable working environment.
Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Not from a statutory perspective; however, many employers have adopted additional mechanisms and assistance for employees dealing with mental health issues.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

There is no distinction in the Qatar Labour Law. Refer to answer to question 12.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Employers have a general duty to protect or maintain the health and safety of their employees in the workplace, which includes mental health. The Qatar Ministry of Administrative Development, Labour and Social Affairs (MADLSA) guidelines regarding remote working issued in April 2020 also provide that employers should devise strategies to support the health and safety of employees working remotely and their mental health.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

Generally, employers have the right under the Qatar Labour Law to terminate employment contracts. Any termination must be carried out in compliance with the terms of the Qatar Labour Law and the employment contract (including the notice period if applicable and the payment of all pending entitlements).  At the start of the pandemic, the MADLSA published guidance notes on their website that reiterated this and also stated that employers may mutually agree that workers take unpaid leave or use their annual leave if the business has been halted and the worker is not assigned any work. In such instances, employers were required to continue to provide all other benefits.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

While the Qatar Labour Law does allow for worker’s committees to be established in certain instances, their powers are limited, and regarding employee remote-working entitlements, we are not aware of any action taken or requests made.

Last updated on 08/11/2021

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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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

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Qatar

  • at Clyde & Co
  • at Clyde & Co

There is no requirement for consultation. Workers’ committees can mediate and provide recommendations for the employer’s consideration and have the ability to conclude collective-bargaining agreements; however, their influence in altering working arrangements is limited.

Last updated on 08/11/2021