Antoine is the co-founder and CEO of Horizonsa leading global Employer of Record (EOR) helping companies hire employees everywhere.
The importance of remote working for employees cannot be underestimated: according to research by McKinsey 87% of employees choose to “work flexibly” when given the option. I believe remote work is here to stay and so companies need to ensure their remote work arrangements are managed fairly and in a way that minimizes legal risk to the company and employees.
An important part of this, perhaps the most important, is implementing a remote work policy. Since my company works almost exclusively with remote teams, I’ve seen a lot of different remote work policies over the years. I’ve seen what works – and what doesn’t. Here I’ve put together a checklist of do’s and don’ts for your remote work policy.
Contents
- 1 What is a remote work policy?
- 2 Do: Create a transparent eligibility rule for remote work.
- 3 Do: Require employees to notify managers when they plan to work from another state, province, or country.
- 4 Do: Require individual remote work agreements with each employee who works remotely.
- 5 Don’t: Micromanage remote workers.
- 6 Don’t: Neglect the cybersecurity and personal data risks.
- 7 Remote work policies are here to stay.
What is a remote work policy?
A remote work policy is a set of principles and rules that outline the expectations of both the employer and employees when working remotely. The purpose of a remote work policy is twofold: First, it protects both the employer and employees from potential legal liabilities arising from remote work. Second, it makes the “how” of remote work within the company transparent and fair, so employees know where they stand.
While the exact details of a remote work policy depend on your industry, size of business, and applicable law, there are some general considerations that apply to any remote work policy.
Do: Create a transparent eligibility rule for remote work.
Remote work should not be arbitrarily assigned at the discretion of a manager. The ability to work remotely should be tied to the actual requirements of the role (e.g. maintenance personnel must be on site to perform their role, while the same is not true for a software engineer). Treating remote work as a discretionary privilege for some employees will alienate anyone who doesn’t have access to it.
Do: Require employees to notify managers when they plan to work from another state, province, or country.
In general, labor laws are territorial: if the employee is in a particular location for an extended period of time, they are often subject to the labor laws that apply there. This has major legal consequences for employers. For example, if the employee has an accident while working remotely in another state, does the employer have the required workers compensation coverage? If this is not the case, you could face serious problems if an accident at work occurs. (Yes, workplace injuries can happen at home.)
Do: Require individual remote work agreements with each employee who works remotely.
In some countries, having such a written agreement is required by law. But even if that is not the case, it is a good idea to include arrangements for remote working in your policy. A remote work agreement is a good way to get an individual to sign off on the things that are included in the remote work policy, to provide accountability, and to record any individual variations.
The agreement for remote work must include matters such as:
• Expected hours of availability, including the “right to disconnect.”
• Any reimbursements for homeworking costs or a homeworking allowance.
• Where the individual is allowed to work remotely. For example, if the company handles sensitive personal health information, it may not be acceptable for employees to work in cafes or public libraries.
Don’t: Micromanage remote workers.
With remote workers working out of sight, some employers can tend to over-correct and micromanage. For example, they can use remote tracking software to monitor what employees are doing at all times.
Not only is this generally counterproductive, but remember that we are still in a booming job market. Employees will quickly find another job where they don’t feel they are constantly being watched and criticized.
Instead, consider the extent to which you can introduce an asynchronous working model within the company. This means that employees only need to synchronize with management and colleagues at certain times of the day, allowing for more autonomy and the ability to work deep without interruption.
Don’t: Neglect the cybersecurity and personal data risks.
Cybersecurity risks are always present in remote work arrangements due to the use of potentially insecure internet connections at home. Your policy should contain explicit rules about VPNs and password management. Your company should also consider whether it should provide secure laptops for all employees who work from home.
Similarly, employees who process customer personal data are often bound by data protection laws (e.g., the General Data Protection Regulation in Europe or California’s Consumer Privacy Act). This means that the policy should specify how any personal information will be processed accordingly.
Remote work policies are here to stay.
Remote work policies should be a core component of your HR policy stack. Just as you need a health, safety and non-discrimination policy, you also need a policy with clear guidelines for remote work. This can protect both the employer and employee from legal risk and provides employees with transparency about how remote work arrangements will work. While details will vary by company, all policies should refer to remote work suitability, workplace, individual agreements, cybersecurity requirements, and expected work schedules.
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Janice has been with businesskinda for 5 years, writing copy for client websites, blog posts, EDMs and other mediums to engage readers and encourage action. By collaborating with clients, our SEO manager and the wider businesskinda team, Janice seeks to understand an audience before creating memorable, persuasive copy.