The differences between telecommuting and remote work

Currently, many companies place a high value on flexibility regarding the way employees work, as this is considered extremely important for enhancing employee retention and attracting new talent. The most common forms of work in this context are telework and working from home. However, before deciding on one form of work or the other, employers need to understand the differences between the two.

Telework vs. Working from Home

According to Law no. 81/2018, telework is a form of work organization in which the employee, regularly and voluntarily, performs the specific duties of their position, occupation, or trade at a location other than the workplace organized by the employer, for at least one day a month, using information and communication technology.

On the other hand, working from home is not explicitly defined by the Labor Code, but Article 108 specifies that employees who perform their duties at their own home are considered to be working from home.

The main difference between the two lies in the aspect of territoriality. In the case of telework, the place of work can be the employee’s home or any other location chosen by the teleworker (any employee who works remotely), outside the workplace organized by the employer.

Additionally, compared to the situation where the employee works from home and organizes their own work schedule, a teleworker organizes their work schedule in agreement with the employer, in accordance with the individual employment contract, the internal regulations, and/or the applicable collective labor agreement.

Regarding working from home, the employer has the right to verify the employee’s activity under the conditions established by the individual employment contract.

Similarly, the employer has the right to verify the teleworker’s activity under the conditions established by the individual employment contract, the internal regulations, and/or the applicable collective labor agreement, in accordance with the law.

What the Individual Employment Contract Should Include for Working from Home

For working from home, the individual employment contract should include, in addition to the elements provided in Article 17, paragraph (3) of the Labor Code, the following:

a) An explicit statement that the employee works from home;

b) The schedule during which the employer has the right to control the employee’s activity and the specific manner of control;

c) The employer’s obligation to provide transportation to and from the employee’s home for raw materials and materials used in the work, as well as the finished products.

What the Individual Employment Contract Should Include for Telework

For telework, the individual employment contract should include, in addition to the elements provided in Article 17, paragraph (3) of the Labor Code, the following:

a) An explicit statement that the employee works in a telework regime;

b) The period and/or days when the teleworker performs work at a workplace organized by the employer;

c) The place(s) where telework activities are performed, as agreed by the parties;

d) The schedule during which the employer has the right to verify the teleworker’s activity and the specific manner of control;

e) The method of recording the teleworker’s working hours;

f) The responsibilities of the parties depending on the place(s) of telework activities, including responsibilities regarding health and safety at work in accordance with Articles 7 and 8;

g) The employer’s obligation to provide transportation to and from the telework location for materials used by the teleworker, if applicable;

h) The employer’s obligation to inform the teleworker about legal regulations, applicable collective labor agreements, and/or internal regulations regarding data protection, as well as the teleworker’s obligation to comply with these provisions;

i) Measures taken by the employer to ensure the teleworker is not isolated from other employees and can regularly meet with colleagues;

j) The conditions under which the employer covers the costs related to telework activities.

How to Record Working Hours in Telework vs. Working from Home

For teleworkers, the method of recording working hours is stipulated in the employment contract.

For employees who work from home, the employer keeps a record of the daily working hours of each employee, as agreed in writing with the employees, based on the specific activity performed by them.

Health and Safety at Work for Working from Home vs. Telework

For working from home, the employer is obligated to ensure the health and safety of employees in all work-related aspects.

For telework, the employer has the following obligations regarding the teleworker’s health and safety:

a) Provide the necessary information and communication technology and/or safe work equipment for performing the work, unless otherwise agreed in writing by the parties, specifying the conditions of use;

b) Install, check, and maintain the necessary work equipment, unless otherwise agreed by the parties;

c) Ensure that the teleworker receives adequate and appropriate training in health and safety at work, particularly in the form of information and work instructions specific to the telework location and the use of visual display equipment: upon employment, when changing the telework location, when introducing new work equipment, and when introducing any new work procedures.

Conclusion

Although there is often a temptation to believe that telework and working from home are the same, there are notable differences between the two. Employers must consider all the characteristics of both types of work arrangements.

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