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Remote work regulations

Keep abreast of regulatory changes for remote working with our articles (published here) on both reforms and planned reforms to legislation governing remote working following the health crisis.

22 September 2020
Spain: the government presents its remote working reform
On 22 September, Spain’s government approved a decree-law on remote working, the major thrusts of which were negotiated with trade union and employers organizations. The text defines remote work and provides a framework for ways in which; businesses can make the means for remote working available, compensation can meet the related expenses incurred, and employees’ working activity can be managed. The text provides for a transition phase as it enters into legal force, so that companies which have already...
Remote work regulations
22 September 2020
France: employers ready to negotiate on remote working
On 22 September, Medef, France’s largest employers’ organization, announced it had agreed to open negotiations on remote working. Following six meetings with the social partners that sought to establish a joint diagnosis on the lessons to be learned from recent developments in remote working (c.f. article No.11989) the employers’ organization has finally agreed to a unanimously trade union organisation backed request to negotiate. There is “room for an agreement” the leader of the...
Remote work regulations
21 September 2020
Austria: government and social partners discuss directive on remote work
On Friday 18 September, Austria’s minister for labour Christine Aschbacher launched efforts to draw up a directive on remote working, which should be ready in March next year.  Social partners are closely involved in the process, which involves the establishment of several working groups on the topic. The need for such a directive has arisen due to the period of lockdown following the Covid-19 outbreak, during which the proportion people working remotely – or teleworking – temporarily increased from 10% to...
Remote work regulations
9 September 2020
Poland: remote working provisions temporarily extended pending discussions with social partners to review the relevant legislation
Provisions in the law tackling Covid-19 (c.f. article No.11710) allowed companies recourse to the mass use of remote working for a period of 6 months. These derogations ended on 04 September 2020. In order to allow companies to continue having employees work remotely, a new law on the posting of workers, which came into force on 05 September allows employers recourse to remote working until the end of the Covid-19 epidemic and up to 3 months after this period. It is up to employers to determine the length of the...
Remote work regulations
7 September 2020
Hungary: planned reform for remote work
A revision of the law on home-based work is expected to soon reach Hungary’s Parliament. The changes intend for home-based to require mutual agreement between employers and employees. In other words, employers would no longer be able to unilaterally order employees to work at home, as was previously the case (up to a cap of 44 days per year). Another important change is that employers will be able to compensate employees for expenses incurred, the value of which could not exceed 10% of the current minimum salary, i.e. HUF 16,100 (€50). Employers will have to continue to provide staff with the equipment they need to work at home, and to...
Remote work regulations
27 August 2020
EU: European Parliament working on draft directive on the right to disconnect
We reported in June that this initiative was in the pipeline (see article n°12024). At the end of July, MEP Alex Saliba, from Malta’s Labour Party, put forward a draft resolution on the right to disconnect (here). If adopted with the same legal regime, the resolution will require the European Commission to present a proposal for a directive on the right to disconnect and provide justification if it does not do so. In line with the requirements for the European Parliament when exercising its right of initiative,...
Remote work regulations Right to disconnect
24 August 2020
Argentina: remote working law adopted
A law regulating remote working or telework was passed by the Argentinian congress and published in the country’s official gazette on 14th August, with the aim of clarifying the grey areas that exist in the current legislation. As elsewhere, the coronavirus pandemic and resulting lockdown completely upended the way people work from one day to the next, forcing many workers in Argentina to work from home. Both the governing majority and opposition in the country agreed on the need for regulation, but it has attracted much criticism. As the text states, the new regulation will only come into force 90 days after the end of lockdown. The...
Remote work regulations
21 July 2020
Greece:  forthcoming review of legislation on remote working
The Greek government is expected to imminently table a bill in Parliament that revises the legal framework surrounding remote working. The Labour Ministry presented the main thrusts of the bill including full compliance by employers as regards the number of working hours, respect for the private lives of those working remotely, reimbursement  by employers for the costs of equipment, and the banning of camera use, but with the potential for implementing control provisions in so far as they comply with the...
Remote work regulations
15 July 2020
Italy: several courts rule on emergency-related smart working cases and specifically on the compatibility of tasks with remote working
Since the start of the Covid-19 health crisis, Italy’s Conte government has recommended and facilitated smart working, including via derogations from Law No. 81 /2019 (c.f. article No. 10206) which regulates this form of working arrangement. A new step was taken in May when a recognised right to agile working was instituted for some employees, under the proviso that their tasks do not require their presence in the workplace. However, the lack of clearly defined implementation rules has fuelled litigation cases,...
Remote work regulations smart working
14 July 2020
Ireland: public consultation launched to inform guidance on remote working
The consultation was launched by the Irish Department of Business, Enterprise and Innovation on 9 July and will run until 7 August in order to inform an update to guidance on remote working for both employers and employees. The most recent guidance on remote working was published in December last year. However, the department says, “much has changed since the publication of the report” and although a new guide for remote working was published specifically to address the exceptional situation created by the...
Remote work regulations