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Work from home: an opportunity to redefine the employment relationship

After half a year of working from home, employers and employees already realized that what was is not what will be.

How to proceed from now on?

This updated set of expectations can help

Tags

• Corona

• Working from home

Adv. Kfir Zeev

Wednesday, October 28, 2020, 1:36 PM

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Adv. Kfir Zeev

Whether the corona disappears or not, one of its significant effects is on the world of work.

To some extent, the Corona seems to have highlighted difficulties the world of work has faced in recent years, including the need to increase productivity, the growing need to address Generation Z seeking more quality of life and work-life balance, the desire to reduce the gap between working days and education vacations, and - Even the unbearable congestion on the roads.

At the same time, the Corona revealed to employers the fact that it is possible to have an efficient job even when not all employees are in the workplace all the time, and as a result the employers realized, for example, that they need much less real estate.

Although most employers deal with the unexpected. Now is the time to plan your future employment strategy, and pay attention to a number of issues to adapt your workplaces to the new reality.

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A problematic period that requires adjustments

• Types of workers who work from home

  - a first point that requires thought, concerns the question of whether working from home is suitable for all types of workers in the economy, or even for all types of workers in the same company.

  In my opinion, insofar as there is a possibility to perform the work from home in the workplace, it should be allowed for all types of employees in the company, without distinction.

• Consent

  - Employees cannot be forced to work from home against their will.

  Employees were hired at company offices, as part of their employment contract, and therefore any change to the employment contract requires consent.

  Even in places where collective agreements will be signed that will regulate work from home, it will still be correct to include a condition stipulating that an employee will work from home only if he himself agrees and without his refusal or change of will being imputed to his detriment.

• Working hours

  - it is appropriate to determine the framework of mandatory working hours from home, which should coincide with what was accepted while the work was done in the company premises, with some flexibility and agreement, and given family status, because if work is done from home, then naturally the division of time is different.

  This may involve making an adjustment in the Working Hours and Rest Act.

  In the same breath, it will be necessary to restrict employees' access to the company's emails and systems from a certain hour, in order to avoid a situation of availability for work around the clock.

• Supervision

  - Do not expect supervision of an employee in the same way as he did when he worked in the company's offices.

  Such surveillance has great and dangerous potential in my opinion, for invasion of privacy.

  In addition, the ability to initiate dismissal proceedings against an employee whose supervisor did not meet him for several weeks must be re-examined.

  The limits of what is allowed and what is forbidden in this aspect must be regulated in terms of the relationship between the employee and his supervisor.

• Wage supplements

  - new rules need to be created to grant wage supplements to employees, with the basis for this being a new and easier series of ways of measuring employees' outputs.

  It is important to produce a transparent and stable format (as much as possible) for the remuneration of employees, as part of which more weight should be given to permanent salary promotion, which is not conditional on the parameters to which we have been accustomed to date.

  If everything changes, so should the method of reward.

• Meals

  - Working from home increases the employee's expenses for meals.

  Therefore, in workplaces where there are dining rooms or other arrangements (give a bite, cebus, etc.), the budget given to them for meals should at least be preserved for the employees, since it is used as part of their working conditions anyway.

• Travel - Working from home should not detract from the employee's earnings, so consideration should be given to turning the travel component into a fixed wage component.

• Equipment and expenses

  - There is no doubt that working from home requires special equipment in some workplaces, such as headphones for call centers in service centers, connection to computer systems for employees who provide support, and so on.

  The equipment will be provided by the employer, as will the financing of the expenses associated with working from home.

Adv. Kfir Zeev is an expert in labor relations and labor law, and owns a firm that specializes in representing workers and workers' organizations.

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