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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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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France

  • at Proskauer Rose
  • at Proskauer Rose
  • at Proskauer Rose

No, the legal and conventional provisions on health and safety at work apply to both mobile workers and workers based primarily at home. It must be taken into account that the employer cannot have complete control over the place where teleworking is carried out and the environment, which is part of the private sphere. This implies an occupational risk assessment adapted to the case of mobile workers and the case of workers based primarily at home.

Last updated on 21/09/2021

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Hong Kong

  • at Lewis Silkin
  • at Lewis Silkin
  • at Lewis Silkin

The Occupational Safety and Health Ordinance (OSHO) covers all employees in their workplace, which may include an employee working from home, especially if their contract specifies this as their workplace. If an employee’s place of work is specified as “mobile” or “in the field”, then this may also be deemed the employee’s workplace under OSHO. As such, we do not believe there would be any differentiation between the obligations an employer has towards a mobile worker versus a home worker under OSHO. The same is true under common law.  Where there may be a difference is in relation to employee compensation insurance, as the insurer may potentially be open to insuring a home worker but not a mobile worker, but this would be subject to negotiation with the particular insurance provider.

Last updated on 11/10/2021