Remote Working Contract: What to Know When Drafting One
JUL 18, 2023
The Rise of Work-From-Home Agreements
Remote work has gained significant traction, revolutionizing the way businesses operate and allowing for greater flexibility and work-life balance. As a business owner, you may be considering remote work options for your employees or already have remote workers on your team.
Understanding key aspects of a remote working contract ensures successful and productive arrangements. Let’s explore some common questions about work-from-home (WFH) policy, so you can create effective remote working contracts. Ideally, this information will also be spelled out in a company handbook.
What Remote Work Means in a Contract
Outline what remote work means within the context of your business. Remote work typically refers to the practice of employees carrying out their job responsibilities from a location other than the traditional office setting. It could involve working from home, co-working spaces, or other suitable locations.
Your policy should outline the terms and conditions related to remote work, such as the number of days an employee works remotely, their specific work hours, and any requirements or limitations.
What a Work-From-Home Agreement Entails
A work-from-home agreement, or telecommuting agreement, is a document that formalizes the arrangement between the employer and employee when remote work is permitted and is an addendum to the employee's existing employment contract, if one exists, outlining the terms and conditions specific to working from home.
When planning out a work-from-home agreement, consider including these points:
1. Define eligibility for remote work, such as job role suitability, performance standards, and any training requirements.
2. Specify the days and hours the employee will work remotely. Strike a balance between providing flexibility and ensuring availability and collaboration with the rest of the team.
3. Establish guidelines regarding communication channels, responsiveness expectations, and how the employee will remain accessible during working hours.
4. Address data protection measures, including secure access to company systems, handling of sensitive information, and compliance with relevant data protection regulations.
5. Clarify the company's policy on providing equipment, maintaining equipment, data security, and reimbursements.
6. Outline the evaluation process and performance metrics applicable to remote workers, ensuring remote employees are held to the same standards as their office-based counterparts.
7. Include provisions that allow for the termination or modification of the work-from-home arrangement, providing clear reasons and processes for doing so.
Drafting a WFH Policy for Your Company
In addition to individual agreements, establish a work-from-home policy that governs remote work practices across your business, setting expectations and guidelines for all remote workers, ensuring consistency, and addressing common concerns.
Components to consider when outlining a work-from-home policy:
1. Define eligibility to work remotely, outlining the process employees must follow to request and obtain approval for remote work arrangements.
2. Specify work hours, flexibility allowed, and guidelines for maintaining communication and collaboration.
3. Address the policy on providing equipment, software, and technical support for remote workers, and the employee's responsibility for maintaining equipment.
4. Emphasize protecting confidential information, outline the security measures that remote workers must follow, and highlight the consequences of breaches.
5. Define performance expectations, metrics, and reporting mechanisms for remote workers. Set measurable goals to assess productivity and maintain accountability.
6. Establish guidelines for communication for the remote team and colleagues working from the office, using digital tools and platforms that facilitate collaboration.
7. Provide guidance on ergonomics, mental well-being, and maintaining work-life balance while working remotely. Encourage employees to create a healthy WFH environment.
Firing Employees for Working from Home: Is It Advisable?
Terminating an employee solely based on their choice to work from home can lead to legal complications and potential discrimination claims. However, it’s crucial to ensure employees adhere to the terms and conditions outlined in their agreements or the company's policy.
If an employee fails to meet performance expectations, neglects their responsibilities, or violates the terms of the remote work agreement, you may consider disciplinary action or termination. Handle such situations professionally, consulting legal counsel, and ensuring compliance with employment laws and regulations.
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