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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France

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The first French law on teleworking was adopted on 22 March 2012. It was subsequently modified by an ordinance dated 22 September 2017. Today, three articles of the labour code cover the implementation and the functioning of teleworking (articles L. 1222-9 to L. 1222-11). In addition, two national collective agreements were concluded between employers' representatives and trade unions in 2005[1] and 2020.[2]

The definitions of teleworking given by article L. 1222-9 and by the agreement of 19 July 2005 provide that the rules on teleworking only apply to employees with an employment contract. These rules do not apply to self-employed workers.


[1] National collective agreement on Teleworking – July 19, 2005

[2] National collective agreement for a successful implementation of teleworking – November 26, 2020

Last updated on 21/09/2021

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Saudi Arabia

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Pre-covid, remote working was rare and not specifically addressed by legislation. In 2020, as a result of home-working requirements introduced due to the pandemic, the Ministry of Human Resources and Social Development (MHRSD) issued a Temporary Guiding Manual on Remote Working in the Private Sector (Remote Working Manual).

The Remote Working Manual provides that employers should have a technical system that meets, as a minimum, the following specifications:

  • enabling the employer to manage the worker's productivity remotely and supervise the tasks assigned thereto; and
  • granting the remote worker the powers enabling them to perform their work duties.

It also provides that “the Employer shall determine the management of the remote working method for its employees in terms of determining the working hours, whether they have specific times, or are flexible during the day, week, or month, provided that it shall determine mechanisms for monitoring its work and managing the worker's productivity”.

In relation to employees, it states that those working remotely should:

  • attend the workplace whenever necessary;
  • use, in the performance of their work, the devices designated for them by the employer, or the personal devices to which the workplace's cyber security controls apply;
  • keep the work information and documents in the technical tools of the employer;
  • abide by the policies and procedures related to cyber security and telecommunications stipulated by the employer;
  • preserve the tools and devices which are in their custody, take care thereof and request the necessary maintenance from the workplace whenever necessary; and
  • Return the tools and equipment provided thereto by the employer to carry out their work whenever requested.

Kingdom of Saudi Arabia (KSA) Ministerial Resolution No. 792 dated 22.02.1436 AH on Regulating Remote Work (MR 792) is also relevant as it provides eligible Saudi nationals with the right to apply for remote working. Although MR 792 only applies to Saudi nationals, it provides useful guidance as to what the authorities may deem appropriate in a remote-working arrangement.

MR 792 states that the contractual relationship of the remote worker should be regulated by a written employment contract expressly indicating that the employment with the employer is based on remote working and the contract shall determine the place(s) where the job tasks can be performed, the employee's tasks and job description, the number of working hours, the normal working hours, the wage and all other rights and benefits, in addition to any other rights provided for in the KSA Labour Law, Ministerial Resolutions and approved bylaws of the establishment.

MR 792 states that the employer shall:

  • provide the employee with all of the necessary tools and equipment to perform the work;
  • pay the cost of equipment maintenance to ensure the continuous functionality of the same;
  • pay the bills of telecommunications and IT provided to the employee to perform the tasks delegated to them; and
  • observe the general safety means – which should be available at the remote-working place –to maintain the safety of the employee.

MR 792 states that the employee shall:

  • maintain and take care of the tools and equipment – that are in their possession – and request the necessary maintenance of the same from the employer and the employee shall provide ordinary care and diligence;
  • return the tools and equipment provided to the employee by the employer – to carry out their work – whenever requested to do so, unless the parties agreed otherwise; and
  • not use the tools and equipment – in their possession – for any purpose other than required for the work, or in any illegal works.

It is worth noting that although MR 792 provides useful guidance for how to implement remote working for non-Saudi nationals (ie, its provisions are not mandatory to non-Saudi nationals) regarding Saudi nationals, any company that violates its provisions shall be subject to the following penalties:

  • a monetary fine of not less than 2,000 Saudi riyals and not more than 5,000 riyals pursuant to article 239 of the KSA Labour Law; and
  • all or some of the penalties stated under article 6 of Cabinet Resolution No. 50 dated 21.04.1415AH concerning Saudisation according to the procedures stated thereunder.

The above legislative provisions apply to employees and employers within the private sector operating within a traditional form of employer-employee employment relationships, and therefore do not apply to independent contractors.  

Last updated on 29/11/2021

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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France

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Employers must ensure the protection of their company’s data but also of employees’ data.

According to article L. 1222-10 of the French labour code, the employer must inform the teleworking employee of the company's rules regarding data protection and any restrictions on the use of computer equipment or tools. Once informed, the employee must respect these rules.

The collective national agreement of 26 November 2020, provides more details in article 3.1.4. It is the employer's responsibility to take necessary measures to protect the personal data of a teleworking employee and the data of anyone else the employee processes during their activity, in compliance with the GDPR of 27 April 2016 and the rulings of the National Commission for Technology and Civil Liberties (the CNIL).

The CNIL said in its 12 November 2020 Q&A on teleworking that employers are responsible for the security of their company's personal data, including when they are stored on terminals over which they do not have physical or legal control (eg, employee's personal computer) but whose use they have authorised to access the company's IT resources.

The National Agreement of 26 November 2020 recommends three practices:

  • the establishment of minimum instructions to be respected in teleworking, and the communication of this document to all employees;
  • providing employees with a list of communication and collaborative work tools appropriate for teleworking, which guarantee the confidentiality of discussions and shared data; and
  • the possibility of setting up protocols that guarantee confidentiality and authentication of the recipient server for all communications.
Last updated on 21/09/2021

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Saudi Arabia

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Data loss, cyber security, privacy and maintaining confidentiality are the key data risks associated with working remotely in most jurisdictions. These risks are heightened in Saudi Arabia as there are no specific data protection laws in place. 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 29/11/2021

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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France

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The rules for monitoring employees do not differ between teleworkers and office workers. Thus, like any employee, teleworkers must be informed in advance of the methods and techniques used to monitor his or her activity (article L. 1222-3 of the labour code).

The implementation of a device allowing the control of the employee's working time must be justified by the nature of the task to be performed and proportionate to the purpose (National Agreement of 26 November 2020).

The CNIL said in a Q/A on 12 November 2020 that the devices used to monitor employees’ activity must not be aimed at trapping employees and cannot lead to permanent surveillance of employees. Thus, audio or video devices, permanent screen-sharing or keyloggers must not be implemented.

If the employer exercises excessive surveillance on his employee, it may receive a financial penalty.

Finally, the CNIL advises employers to prioritise monitoring the completion of missions by setting objectives rather than monitoring the working time or the daily activity of employees.

Last updated on 21/09/2021

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Saudi Arabia

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Until recently, the legislative framework in KSA regarding data protection and personal rights to privacy was a patchwork, with discrete obligations and requirements contained in a variety of laws, as there was no comprehensive data protection law or specific legislation dealing with monitoring worker activity remotely. However, in September 2021 KSA published its first comprehensive national data protection law to regulate the collection and processing of personal information. The Personal Data Protection Law (PDPL) was implemented by Royal Decree M/19 of 9/2/1443H (16 September 2021) approving Resolution No. 98 dated 7/2/1443H (14 September 2021).  It will be effective from 23 March 2022. The executive regulations supplementing the Law should also be issued before it comes into force.

The PDPL is designed to protect “personal data”(ie, any information, in whatever form, through which a person may be directly or indirectly identified). This expressly includes an individual’s name, identification number, addresses and contact numbers, photographs and video recordings of the person. The PDPL applies to any processing by businesses or public entities of personal data performed in Saudi Arabia by any means whatsoever, including the processing of the personal data of Saudi residents by entities located outside the Kingdom. The PDPL does not apply to the processing of personal data for personal and family use.

Individuals (data subjects), will, subject to some exceptions, have the right to be informed of personal data processing and the legal basis of such processing, the right to access their personal data (including to obtain a free of charge copy of the same), the right to correct or update their personal data, and the right to request its destruction if no longer needed. Data subjects may also file complaints relating to the application of the PDPL with the regulatory authority. Organisations that collect personal data and determine the purpose for which it is used and the method of processing (controllers) will be required to register on an electronic portal that will form a national record of controllers. Controllers must also ensure the accuracy, completeness and relevancy of personal data before processing it, to maintain a record of processing for a period that will be prescribed by the executive regulations, and to ensure that staff are suitably trained in the PDPL and data protection principles.

Data subjects may withdraw their consent to the processing of personal data at any time and consent must not be a pre-requisite for the controller to offer a service or benefit (unless the service or benefit is specifically related to the processing activity for which consent is obtained).

There are also additional laws in KSA that safeguard the rights of the individual to privacy. These include:

  • shariah law – its principles protect an individual’s right to privacy;
  • the Basic Law of Governance (Law No. A/90), which protects the privacy of individuals by safeguarding telegraphic, postal, telephone and other means of communication and making it unlawful to confiscate, delay, read or breach;
  • the Telecommunications Act (Council of Ministers Resolution No. 74/2001) restricts the disclosure of information or content that is intercepted in the course of its transmission; and
  • the Anti-Cyber Crime Law (Royal Decree No. M/17 makes it an offence to spy, intercept or receive data that is transmitted through an information network without consent, breach privacy through the use of camera-equipped and mobile phones, unlawfully access computers to delete, erase, destroy, leak, damage, alter or redistribute personal information, and defame or inflict damage on a person through the use of electronic devices.

While it is increasingly commonplace for employers to monitor the use of the internet and communications systems, especially email, before doing so – and to limit the risk of a potential breach of any of the above legislative provisions – employers should ensure that the employee has 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 15/03/2022

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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France

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French law has no provision for this.

It is, therefore, necessary to refer to the two national agreements of 2005 and 2020. These agreements stipulate that the costs incurred by the employee in the performance of his or her employment contract are borne by the employer. This obligation also applies to teleworkers. However, the national agreement of 2020 sets a few conditions for this coverage: the prior validation of the employer, the expense must be incurred for the needs of the professional activity of the employee and in the interests of the company.

The organisation responsible for collecting social security contributions (URSSAF) has issued a list of expenses that must be covered by the employer. These costs include ink cartridges, paper, telephone and internet subscriptions, electricity, heating, a proportion of rent in certain cases (see below) and home insurance.

The terms and conditions for covering business expenses (maximum amount, the procedure to follow, etc.) may be defined unilaterally by the employer, by mutual agreement between the employee and the employer, or by a collective agreement between the employer and the company's unions. Article 3.1.5 of the national agreement of 2020 and the Ministry of Labour recommend doing everything possible to reach an agreement between the employer and the unions.

If teleworking becomes permanent and the employee no longer has an office on the company's premises, the employer must pay a home occupation allowance.[3]

As for the use of the employee's personal equipment, the principle is that the employer must provide the employee with a computer for teleworking. However, if the employee agrees, they can use their personal equipment (article 7 of the national agreement of 19 July 2005).


[3] Cass. Soc, 14 septembre 2016, n°14-21.893

Last updated on 21/09/2021

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Saudi Arabia

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Please see question 1.

Last updated on 29/11/2021

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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France

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Cross-border remote working can accentuate some of the problems caused by teleworking or create new ones.

Among the existing problems, the loss of social ties is accentuated if the teleworker decides to work from another country. Indeed, the employee abroad will never physically see his colleagues, which will create a distance between the employee working from abroad and other employees.

Similarly, employers must ensure the protection of the health and safety of workers (article L. 4121-1 labour code). This is a difficult obligation to meet in teleworking, especially because employers do not have access to remote employees’ workplaces. It is even more difficult if the employee works from another country because the sanitary, electrical and other standards are different and potentially less protective than French rules.

As for social security law, in principle, the employee depends on the social security system of the country where they work. The employee can only continue to benefit from the French social security system if they are in a secondment situation. Moreover, this is only a temporary solution because the secondment implies a temporary mission. The employer will therefore have to register the employee with the social security system of the country where they are working, which will cause problems in terms of social contributions.

Another question that may arise is whether an employer should accept a work stoppage prescribed by a foreign doctor.

Finally, another problem that may arise is the employee's right to disconnect. Indeed, the employer and the employee must agree on a time slot during which the employee can not be contacted to respect his private life as much as possible.[4] It can be difficult to establish a time slot that suits both the employee and the employer in case of major time zone discrepancies.


[4] National agreement of November 26, 2020

Last updated on 21/09/2021

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Saudi Arabia

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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 – public policy rules in the host jurisdiction may apply to the employment relationship.
  • Health insurance requirements – minimum health insurance requirements in the host jurisdiction may exceed the minimum requirements in the KSA.
  • 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 29/11/2021

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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France

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Teleworkers have the same rights as employees who work from a company's premises (article L. 1222-9 III of the Labor Code).

Employers cannot modify employees’ remuneration without obtaining agreement.[5] This rule also applies to teleworkers.

In some countries such as the United States, employers can adjust the remuneration of teleworking employees to the cost of living in the employee's place of residence. This practice is not prohibited in France but the employer must be careful in doing so as it could constitute discrimination based on the place of residence, which is prohibited by the labour code[6]if it is not justified by objective elements. 

However, employers can withdraw a few benefits from teleworking employees. Indeed, even if the Ministry of Labor says in a Q&A that the telecommuting employee must receive lunch vouchers like other employees, some jurisdictions believe that the employer can stop paying these vouchers to teleworkers because they are not in a comparable situation to employees who work from a company's premises.[7]

As for transportation costs, the employer must cover half of the cost of the transportation pass used to travel to the office and to return home from the office (article L. 3261-2 of the labour code). If the employee does not have to travel to work during the month, the employer does not have to pay transportation costs.


[5] Cass. Soc, 18 oct. 2006, n°05-41.644

[6] Article L. 1132-1 Labour code

[7]TJ Nanterre, 10 mars 2021, n° 20/09616

 

Last updated on 21/09/2021

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Saudi Arabia

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

Last updated on 29/11/2021

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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France

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Employers can require that their employees are vaccinated only if the vaccination is made mandatory by the French Public Health Code.

In France, vaccination against covid-19 has not been made mandatory (except for health professionals). Therefore, French employers cannot force their employees to be vaccinated. However, they can recommend it to their employees without forcing them (please note that due to the Law of 5 August 2021, employees are entitled to leave to attend covid-19 vaccination appointments).

Please note that a law was passed by Parliament on 5 August 2021 and states:

  1. To make access to certain places, establishments or events conditional upon the presentation of either a negative PCR test, or proof of vaccination status concerning covid-19, or a certificate of recovery following covid-19 infection.

This would only cover the following activities:

  • recreational activities;
  • bars and restaurants (except company restaurants), including terraces;
  • department stores and shopping centres by decision of the Prefect of the district in the event of risks of contamination under conditions guaranteeing access to essential shops and transport;
  • seminars and trade fairs;
  • public transport (trains, buses, planes) for long journeys; and
  • hospitals, homes for the elderly and retirement homes for companions, visitors and patients receiving care (except in medical emergencies).

In those specific cases, from 30 August 2021, an employer undertaking the above activities may ask their employees to present one of these documents, including proof of vaccination status. If an employee is unable to present such documents and chose, in agreement with their employer, to not use paid holidays, the employer can suspend the employee’s contract, on the same day. This suspension, which can lead to an interruption of salary, ends as soon as the employee produces the required proof.

If the suspension goes beyond three working days, the employer shall invite the employee to a meeting to attempt to rectify the situation, including the possibility of temporarily reassigning the employee to another position within the company not subject to this obligation.

  1. Mandatory vaccination for health professionals, including those working in an occupational health service according to article L.4622-1 of the labour code.

The health professionals listed in article 12 of the law of 5 August 2021 (doctors, nurses, doctors working in occupational health services, osteopaths etc) must be vaccinated as of 9 August 2021, unless there is a medical contraindication or a certificate of recovery can be presented.

Please note that the law provides for a transition period as follows:

  • up to and including 14 September, the staff concerned may present a negative test  that is less than 72 hours old (RT-PCR screening test, antigen test or self-test carried out under the supervision of a health professional) if they are not vaccinated;
  • between 15 September and 15 October inclusive, when an employee has received the first dose of vaccine, he or she may continue to work provided that he or she can present a negative test result; and
  • from 16 October 2021, they must present proof of the complete vaccination schedule.

This obligation does not apply to people who perform occasional tasks. The Ministry of Labour defines “occasional tasks” as a very brief and non-recurring intervention that is not linked to the normal and permanent activity of the company. Workers who carry out these tasks are not integrated into the workgroup and their activity is not public-facing.

This may include, for example, the intervention of a delivery company or an urgent repair.

On the other hand, the following are not occasional tasks: carrying out heavy work in a company (eg, renovation of a building) or cleaning services, because of their recurrent nature.

When carrying out an occasional task, the workers concerned must ensure that they comply with social distancing rules.

Employees who have not presented one of these documents can no longer work. Thus, when an employer finds that an employee can no longer carry out their work, the employee must be informed without delay of the consequences of this prohibition, as well as the means to rectify the situation. A dialogue between the employee and employer to discuss ways of rectifying this situation is encouraged.  An employee who is prohibited from working may, with the employer's agreement, use days of rest or paid leave. Otherwise, their employment contract will be suspended.

The suspension of the contract, which leads to the interruption of salary, ends as soon as the employee fulfils the conditions necessary to continue working.

When the employer or the regional health agency finds that a health professional has not been able to carry out their role for more than 30 days, it informs the national council of the order to which they belong.

Please note that, according to the law of 5 August 2021, the employer must inform the new works council (CSE) of measures taken to implement any obligations to verify the vaccination of health professionals or the health passes of employees who come under the aforementioned sectors.

Last updated on 21/09/2021

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Saudi Arabia

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The MHRSD has mandated vaccination for all adults over 18 years of age if they wish to attend the workplace, with an implementation deadline of 1 August 2021.  Within KSA, all individuals must have downloaded the Tawakalna App and show their “green” status to enter all public spaces (which includes the workplace, malls, cinemas and, stores). Following the expiry of the 1 August deadline, the MHRSD issued guidance to employers regarding non-vaccinated employees, instructing them to take the following graduated measures:

  • permit employees to work from home if their role permits this;
  • ask employees to take their accrued untaken leave;
  • ask employees to go on unpaid leave; or
  • take measures in line with the KSA Labour Law, which potentially could include termination of employment.

With such a strong government policy in place, employers must enforce compulsory vaccination.

Last updated on 29/11/2021

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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France

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For employees for whom vaccination is not mandatory, employers cannot make entry to the workplace conditional on vaccination, nor can they threaten to dismiss the employee if they have not had the vaccine.

If an employer makes the return to the company premises conditional on vaccination, they are violating the employees’ privacy and medical confidentiality, and employees may freely refuse it. In case of dismissal, it could be judged null and void since it may violate the employee's privacy and medical secrecy.

On the other hand, for employees working in the above-mentioned establishments (bars, restaurants, department stores, shopping centres etc.), the employer may make the return of the employee to work conditional on the presentation of a health pass (either a negative PCR test, or proof of vaccination status concerning covid-19, or a certificate of recovery following a covid-19 contamination).

Finally, for health professionals, there will be no risk for the employer. The employer will be able to condition the return to the premises on proof of vaccination status.

Last updated on 21/09/2021

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Saudi Arabia

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There is a minimal risk, given that a mandatory vaccination policy has been enforced by the KSA Government (see question 8).

Last updated on 29/11/2021

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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France

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Please see above (questions 8 and 9) regarding the workplaces and specific industries concerned by making the access to the workplace conditional on individuals having received a Covid-19 vaccination.

Last updated on 21/09/2021

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Saudi Arabia

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See question 8.

Last updated on 29/11/2021

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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France

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Moreover, regarding the processing of data relating to an employee’s vaccination, the CNIL has not yet issued a directive on the specific subject of the processing of employee vaccination data by employers. Because of their sensitive nature, data relating to employee health are subject to special legal protection: they are in principle prohibited from being processed. Employers, therefore, may not keep a list of vaccinated employees, or disclose the names of those who do not wish to be vaccinated.

In fact, according to the CNIL, "because of their sensitive nature, data relating to a person's health are subject to special legal protection: they are in principle prohibited from being processed. In order to be processed, its use must necessarily fall within one of the exceptions provided for by the GDPR, thus guaranteeing a balance between the desire to ensure the security of individuals and respect for their rights and fundamental freedoms. Moreover, their sensitivity justifies that they be processed under very strong conditions of security and confidentiality and only by those who are authorized to do so.

The exceptions that can be used in the context of work are limited and can generally be based on either :

  • the need for the employer to process this data to meet its obligations in terms of labour law, social security and social protection: this is the case for the processing of reports by employees,
  • the need for a health professional to process such data for the purposes of preventive or occupational medicine, (health) assessment of the worker's capacity to work, medical diagnoses etc.

For these reasons, employers who would like to initiate any steps aimed at ascertaining the state of health of their employees must rely on the occupational health services.

The CNIL points out that only competent health personnel (in particular occupational medicine) may collect, implement and access any medical forms or questionnaires from employees/agents containing data relating to their health or information relating in particular to their family situation, their living conditions or their possible movements"

However, we find these exceptions difficult to apply in the context of covid-19.

For employees subject to mandatory vaccination, the law allows the employer, or regional health agency if applicable, to store the result of the check on the proof of vaccination status.

Please note that the employer may not keep the proof of vaccination. In other words, the employer may not keep the QR code, only the “Yes/No” result of the test. Keeping the result is limited in time (currently until 15 November 2021).

The information thus collected is personal data subject to the General Data Protection Regulation (GDPR).

Last updated on 21/09/2021

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Saudi Arabia

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To help minimise the risk of non-compliance, employers should adopt certain procedures when handling employee data concerning identifiable individuals, such as: ensuring that all employee data, including electronic data, is kept confidential and is not published without the consent of the individual to whom the employee data relates.

Last updated on 15/03/2022

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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France

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The health and safety considerations for employers in respect of remote workers are the following:

  • Modes of work time control or workload regulation;
  • Determination of the time slots during which the employer can usually contact the remote worker to respect the right to disconnect and the right to privacy;
  • Organise an annual meeting to discuss working conditions and workload; and
  • Evaluate professional risks, in particular those linked to the employee's distance from the colleagues and regulating the use of digital tools.
Last updated on 21/09/2021

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Saudi Arabia

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The KSA Labour Law does not consider remote working separately. The KSA Labour Law sets out certain health and safety procedures that employers must adhere to. Most of these requirements apply to all employers while some are sector-specific. In general, an employer is required to provide a healthy work environment for its workers that is devoid of any causes for occupational diseases, accidents or injuries. An employer must minimise the danger of tools and equipment used on site and prevent the occurrence of any accidents to maintain the health and safety of humans and protect properties from being damaged or destroyed.

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 29/11/2021

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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France

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The pandemic does not strictly speaking have an impact on employers' obligations towards workers' health and safety beyond the physical workplace. But the National Interprofessional Agreement on remote status was renegotiated on 26 November 2020 and strongly raised awareness among employers on those issues to:

  • Communicate within the work community;
  • Adapt the managerial practices: trust and definition of clear objectives;
  • Train managers and employees;
  • Maintain social ties and prevent employees from isolation: it is useful to plan group time, to set up remote communication means to facilitate exchanges, to assist in case of difficulties with computer tools, etc; and
  • Make available to all employees, including those working from home, relevant contacts so that employees in vulnerable situations can use them.
Last updated on 21/09/2021

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Saudi Arabia

  • at Clyde & Co
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None from a statutory perspective; however, many employers have adopted additional mechanisms and assistance for employees dealing with mental health issues.

Last updated on 29/11/2021

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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France

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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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Saudi Arabia

  • at Clyde & Co
  • at Clyde & Co

There is no distinction in the KSA Labour Law. Please see question 12.

Last updated on 29/11/2021

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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France

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  • 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.

Last updated on 21/09/2021

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Saudi Arabia

  • at Clyde & Co
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Employers have a general duty to protect or maintain the health and safety of their employees in the workplace, which includes mental health.

Last updated on 29/11/2021

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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France

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During the pandemic, employers were able to carry out reorganisations involving collective redundancies for economic reasons (subject to justifying a real and serious economic reason as defined by article L.1233-3 of the labour code).

They were also able to negotiate collective performance agreements to meet the needs linked to the operation of the company or to preserve or develop employment by adjusting the working hours of employees, remuneration, and determining the conditions of professional or geographical mobility within the company.

Employers may also have to negotiate or renegotiate agreements or charters on remote status or review their organisation by developing a co-working space, different from the company’s premises, on a regular or occasional basis or in case of exceptional circumstances or force majeure.

Last updated on 21/09/2021

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Saudi Arabia

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On 6 April 2020, Ministerial Resolution 142906 was published amending the implementing regulations to the Labour Law (last issued in January 2019) by adding a new clause 41 providing for the following:

  • In the event the Kingdom adopts measures as recommended by an international organisation to provide for adjusted working hours or to avoid a situation falling under article 74(5) of the Labour Law, which provides for termination of employment because of force majeure, an employer will be able to agree to any of the following measures with an employee for a six-month period following the introduction of such measures:
    • reducing the employee's salary in correspondence with a reduction in the employee's working hours;
    • putting the employee on annual leave as part of his annual leave entitlement;
    • putting the employee on exceptional leave under Article 116 (unpaid leave) of the Labour Law.
       
  • Termination of employment following the implementation of such measures will not be justified if the employer received assistance from any government programmes during this period (ie, furlough programme). Furthermore, nothing in this resolution prevents or inhibits employees' rights to terminate their employment contract.

The Ministry of Human Resources and Social Development further issued an explanatory memorandum providing that the employer may unilaterally implement the measures introduced by article 41.  The above measures came to an end in January 2021.

Last updated on 15/03/2022

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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France

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  • at Proskauer Rose

In general, employees and new works council members have a right to alert and withdraw from any situation which they have reasonable grounds to believe presents a serious and imminent danger to their life or health (article L.4131-1 and L.4121-2 of the labour code).

Apart from these actions, the new works council or the unions will always have the ability to report to the employer any malfunction affecting the entitlements and rights of remote workers.

In any case, please note that employees who wish to terminate their status as a remote worker will have priority to assume resume a non-teleworking position that corresponds to their professional qualifications and skills and to inform the employer of the availability of any such position (article L.1222-10 of the labour code).

Last updated on 21/09/2021

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Saudi Arabia

  • at Clyde & Co
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Trade unions, collective associations, workers’ councils and the like are unlawful in the KSA and therefore do not exist.

Last updated on 29/11/2021

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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France

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  • at Proskauer Rose

Remote-working is implemented within a collective agreement negotiated with the unions or, failing that, within a charter drawn up by the employer after the opinion of the new works council if it exists (article L.1222-9 of the labour code).

The collective agreement or, failing that, the charter drawn up by the employer specifies:

  • The conditions for switching to remote status, in particular in case of a pollution episode, and the conditions for returning to performance of the employment contract without remote working;
  • The terms of acceptance by the employee of the conditions of implementation of remote status;
  • The modes of control of the working time or regulation of the workload;
  • The determination of the time slots during which the employer can usually contact the remote worker; and
  • The modes of access to a telework organisation for disabled workers.

The way of negotiation seems to be prioritised by the legislature. Apart from those mandatory clauses, the social partners have every interest in being a force of proposals, which will be accepted or refused by the employer. If the unions refuse to sign the agreement, the employer may provide for these measures in the framework of a charter, which it may implement after the opinion of the new works council (non-binding opinion).

Finally, in the absence of a collective agreement or charter, when the employee and the employer agree to telework, they may formalise their agreement by any means.

Last updated on 21/09/2021

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Saudi Arabia

  • at Clyde & Co
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Not applicable – please see question 18.

Last updated on 29/11/2021