REMOTE WORKING – A PATH TOWARDS THE FUTURE BY - SRIRAGHAVI

REMOTE WORKING – A PATH TOWARDS THE FUTURE

 

ATUHORED BY - SRIRAGHAVI

 

ABSTRACT:

The pandemic had a completely different approach towards the work-life environment to the employees and has completely, transformed the environment of physical working in offices. The organisation, has to maintain a correct work life balance, for its retainment of the employees. Thus, Remote Working, gave a completely different approach, to various sectors, ranging from Education to IT. In this paper, we provide a Comparative Analysis of Labour Laws governing in India and other countries and also, the merits and demerits of Remote Working, for both the employers and employees.

 

KEYWORDS: Remote working, Employees, Employers, Work-from-Home, Working environment.

 

INTRODUCTION:

Work from Home gave new outcomes and insights of various possible job opportunities, a new approach to the work environment and structure of the organisation for both the employers and employees. While it became popular during the pandemic era, the organisational work structure, has underwent a platonic shift overnight. A Research that was conducted by the Gallops’ Workforce State, in 2021, stated that about 91 percent of the employees, preferred a WFH environment.  As of February, 2022, According to a research conducted by Pew, nearly 60 percent of the jobs in US, can be done remotely. Also, according to a user survey conducted by Muse, he concluded that, about 80.81 percent of the employees preferred WFH concept.

 

LITREATURE REVIEW: Here, the list of websites referred are:

https://www.businessnewsdaily.com/8156-future-of-remote-work.html

https://www.clicktime.com/blog/top-10-advantages-disadvantages-working-from-home

https://www.indeed.com/career-advice/career-development/benefits-of-work-from-home-for-employers

https://globalnews.lockton.com/new-remote-working-legislation-around-the-world/

https://builtin.com/remote-work/benefits-of-working-from-home

RESEARCH OBJECTIVE:

The main objective of the research study, is to provide a comparative study of Remote Working laws, in India and other Nations. Also, this research paper, highlights the merits and demerits of remote working, for both the employers and employee.

 

RESEARCH LIMITATION:

In this research paper, only limited data could be collected as it is Doctrinal research paper. Thus, no external data was collected and was purely done, on the basis of written articles.

 

MERITS AND DEMERITS OF REMOTE WORKINGFOR EMPLOYEES AND EMPLOYEES

MERITS OF REMOTE WORKING FOR EMPLOYERS:

ONE-LINE COMMUNICATION: 

In office premises, communication can take place through Gang Plank (From the lower to higher hierarchy) or through informal means, e-mails, meetings, or calls. But, while working remotely, the employers can choose a streamlined communication which can lead to a better communication.

 

SAVING OF COSTS:

If work from home is pertained through organisations, then they can reduce and save a lot of costs like Electricity Charges, Hire-Charges, Upkeep of Buildings, Hose-Down charges, Reduction in Hardware Tools and Instrument Costs and Reduction in Furniture and Fittings, Chattels cost etc.,

 

CONVINIENCE IN SELECTION:

The employees can be recruited from anywhere, across the globe, depending upon the geographical location and time zone. This provides a wide range of opportunities, whereby the training costs can be reduced.

 

REDUCES ABSENTEEISM:

If the employees are unwell, then there is no requirement for travelling. Thus, remote working reduces absenteeism.

 

TIME AND PRODUCTIVITY:

In a remote working environment, a lot of time is saved as there is no travelling, breaks, or gossips between the employees. Thus, employees will utilise their time productively if they work from home.

INCREASES LOYALTY:

Flexible working hours, increases loyalty, as an employee can plan working hours accordingly. Also, an employee feels honoured, if an employer trusts and assigns him/her work.

 

EARMARKS REPUTATION:

Companies that have been working remotely, maintain better public relations, as there is flexibility of work and employees are inclined to it. Also, employees prefer those companies, which has flexibility of work.

 

WORTHWHILE ENVIRONMENT:

Work from home, helps in better employee retention and also, creates a worthwhile working environment, also helps in better subsistence of employees.

 

PROLONGED WORKING HOURS: Working hours can be prolonged, if the employees have flexible working hours. This also helps in providing of customer services 24/7.

 

DEMERITS OF REMOTE WORKING FOR EMPLOYERS

LACK OF COMMUNITY AND TEAMWORK:

Remote working environment, affects creative employees as innovative thoughts come together, if the employees work together in office.

 

ISOLATION:

Even though the employees are excited about work from home, staring only at the computer screen for hours, makes them feel socially drained and isolated.

 

FREQUENT INTERRUPTIONS AND BREAKS:

Firstly, employees need to make a self-analysis of their performance and keep a track record of themselves, which often the employees fail to do. Thus, during remote working conditions, the employees gaze out, which results in longer breaks than usual. Also, it becomes difficult to track their performance.

 

EFFICIENT WORK ENVIRONMENT:

A survey released by Glassdoor, took a survey of nearly thousand employees and made an analysis that, about 32 percent of the employees, were distracted by watching TV and 27 percent say that child care, was the most distractive task.

ADVANTAGES OF REMOTE WORKING FOR EMPLOYEES:

PROPER ELASTICITY IN WORKING HOURS:

Remote workers appreciate freedom, as flexible working hours gives them more satisfaction.

 

RETAINS TIME:

Remote working saves more time, points employees. A report that was prepared that an American spends about an average of just 55 minutes, just by travelling itself.

 

Also, some people spend even 80 minutes in travelling, which would make the employees tired, by the time employees reach their workplace. Thus, remote working saves the employees from the hassles of traffic.

 

 DO PART-TIME JOBS:

A survey was taken by a Chinese travel agency company, showed that the productivity of employees increased by 31 percent, only by working from home. Thus, the employees, can also engage in part time jobs, by the employees.

 

FLEXIBLE-TIMINGS:

As employees are working on remote, they can flex timings, according to their convenience.

Thus, work from home has its own merits and demerits for both the employers and employees but on the whole, employees, find it to be more productive than the employers.

 

LEGISLATIONS FOR REMOTE WORKING IN

OTHER COUNTRIES

ANGOLA: Teleworking Legislation, (Presidential Decree) 52/22:

Remote Working must be confirmed, through all employees, by a written agreement. Employers are required to provide the workers, with the required tools and implications. Remote workers also enjoy the same rights, as the employees, who are engaged in abroad. They also get protection against occupational accidents and illness.

 

ARGETINA:

On 12th October’22, the government of Argentina, passed a regulation, implementing Section 18 of the Argentinian Teleworking Law and mandates all the employees, to register under the FMLESS (Federal Ministry of Labour, Employment and Social Security). The FMLESS, controls the registry with employees and delegates the work with the National Board.

 

AUSTRALIA:

Employees, must discuss with their employees about the scheduled remote working timings. The employer must respond within 21days, to the said agreement. But, if the employer fails to comply with the provisions, then a fine of AUD 16500, would be implemented.

 

BELGIUM:

On 10th Nov’22, The Executive Of Belgium Legislation, passed a law requiring twenty or more employees, to unhook after office, after working hours. General guidelines passed are:

1. Guidelines to unhook from the work environment, after office hours and
2. Awareness camps on judicious use of the tools provided.

Remote working laws and collective bargaining laws is applicable, to all the employees.

 

BRAZIL:

On 5th Sept’ 22, the Brazilian Government, passed Law No. 14/442,22, regulating remote work. Remote working regime, must be checked in each individual contract, whereby it also applies to Interns and Apprentices. Also, Food Allowances were paid by the employers must be used by the Employees, only in Food restaurants. Non-Compliance of these provisions, will lead to a fine of BRL between 5000 and 15000.

 

COLUMBIA:

The Columbian Government, passed a law, No.2121, for the establishment of Remote Working regime and these laws, applies to both the Private and Public sectors. The following are the procedures to be followed, if an Employee wants to work in a Remote Working environment.

 

Employer must acknowledge within five days, to the request of the employee, for remote working. The agreement, requires the consent of both the employer and employee and must be signed either physically or digitally, by both the employer and employee. Also here, the employers must compensate the employees, for the internet and telephone costs occurred.

 

DENMARK:

On 30th Apr’ 2022, Danish Authority of Work Environment, provided a fresh set of recommendations, for remote working employees. But these recommendations, applies to employees, who consistently perform screen work operations. The Social Appeals board, has framed a Set of Principles, that regulates the scope of liabilities, in work injury. The injured party has the burden of proof, to prove a nexus, between the incident and the employee’s work under the Workers’ Compensation Act.

 

LUXEMBURG:

A new legal bill, exclusively for remote working, has been passed in Luxemburg, in Sep’2021.A new concept, such as Remote Teleworking, has been introduced, where it is defined as “Teleworking carried out during unforeseen events or where it represents ten percent, of the average teleworkers”. Employees, have the right to disconnect after working hours.

 

NORWAY:

The working environment act, will be applicable to remote employees and it makes sure that, they are not working on a Sunday. The Norwegian labour inspector, has the authority, to compliance and supervise, the office. However, the employees, are required to prepare a self-analysis performance report and produce it to the employers.

 

PHILIPPINES:

The term Alternative Workplace, defines any location of work, through the use of technology. Thus, remote working employees, must be given wages according to minimum labour standards and they must be treated fairly and must be given the same treatment, as they are treated in an office.

 

SWEDEN:

On 2nd August’2022, Sweden implemented a EU balance, where a flexible arrangement, was made for both the employers and employees. Employees, who had children (below eight years) and elderly people, may request for accommodation, for fixed hours.

 

TAIWAN:

On 23rd June 2021, Taiwan passed a new legislation which requires the employers to promote:

Necessary tools and maintenance, Cautious and judicious use of these tools.

 

THAILAND:

The Labour works and maintenance, also known as the Work From Home Bill, aims to facilitate agreements between the employers and employees and aims stability at work-life balance etc., But the agreement must contain the following: Starting and end dates of the agreement; Holidays, Leaves, Payment method and overtime criteria; Scope of the supervision and the employers’ duty to communicate and provide necessary work.

 

Thus, these are the legislations for remote working, followed in various different countries.

 

SPECIFIC LEGISLATIONS FOR REMOTE

WORKING IN INDIA

SPECIAL ECONOMIC ZONES: (SEZs’):

A Special Economic Zone or SEZ, is a specifically outlined territory within the vicinity of the Frontier Lines of the country. Special Economic Zone policy, was firstly initiated in 2000, to overcome business impediments. Main objectives of SEZs’ are:

 

1. To intensify foreign investments and provide a worldwide and hassle-free environment for exports;
2. Also, SEZs’ further generates additional solvent activities, fostering of overseas transportation, creation of jobs, growth and development of footing and groundwork etc.

The government of India highlighted that, In Rule 43A of the Ministry of Commerce and Industry, an alteration was established to the SEZ Rules, to ease the remote working model, for hundred percent of the employees, in SEZ unit. In India, SEZs’ can be set up by any public, private or any joint sector. But, the approval of the sate Thus, all laws are applicable under the SEZs’, unless they are specifically exempted from the Act. Each zone, is headed by the Development Commissioner and is governed through the SEZ Act, 2005 and SEZ Rules, 2006.

 

At present, there are eight SEZs’, are located at eight major cities: Santa Cruz (Maharashtra), Cochin (Kerala), Chennai (Tamil Nadu), Vishakhapatnam (Andhra Pradesh), Noida (Uttar Pradesh), Kandla and Surat (Gujarat) and Falta (West Bengal). Currently, Indore (Madhya Pradesh), is ready for operation.

 

NEW LABOUR CODES, 2020:

The Model Standing Orders for Service Sector, 2020, recognises the concept of remote working and states that an employer, may let an employee, for remote working, for a specific period of time, pertained to certain restrictions. It is given as:

Pursuant to section 29 of the Industrial Relations Code, 2020, The Central Government has published the draft Model Standing Orders for, the Service Sector, for the first time.

1. The concept of “Work from home” has been formalized in the Model Standing Orders for Service Sector. 
2. ​ The Model Standing Orders for Services Sector inter alia provides that in case of IT Sector, the working hour shall be as per agreement or conditions of appointment between employer and workers.
3. “Habitual” with respect to indiscipline has been defined if the worker found guilty of any misconduct three or more times in preceding twelve months.

Thus, the centre has introduced, a draft of new labour codes, from 2020. However, the following are the new amendments brought in, but has not completely been implemented:

4-day work week:

Employees, can work four days in week, instead of five. But, there will be an increase in the normal working hours.

Working hours:

The New Wage Code, mandates a 48-hour work week. Thus currently, employees working at an eight- or nine-hour shift, will have to work twelve hours a day, if they want to implement the New Wage Code. If implemented, it will be applicable to each and every industry.

PF and Gratuity:

The New Rule(s) states that, the basic salary of an employee, will be at least fifty percent, of their Gross monthly wages, leading to an increase in the Contribution of Provident Fund.

Salary:

As there would be an increase in the Provident Fund of the employees, the employees might witness a slight reduction in their salaries.

Thus, this is the New Labour Code Rules, 2020 which is still under revision and has not been implemented yet.

CODES ON SOCIAL SECURITY, 2020

The Code on Social Security, 2020 is a code to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers.

This act amalgamates nine central labour enactments relating to social security. It consolidates The Employees’ Compensation Act, 1923, The Employees’ State Insurance Act, 1948, The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, The Maternity Benefit Act, 1961, The Payment of Gratuity Act, 1972, The Cine Workers Welfare Fund Act, 1981, The Building and Other Construction Workers Welfare Cess Act, 1996, Unorganised Workers’ Social Security Act 2008.

Social security refers to protection measures provided to workers to ensure healthcare and income security in case of certain contingencies such as old age, maternity, or accidents.

This code, specifically allows a female employee, to work remotely. Also, the nature of her work can be done remotely. However, this code also defines, a “home based worker” to a person, who is pre-occupied, in the manufacturing of goods and services, irrespective of whether the employer, provides the tools, materials or inputs. Also, a clear-cut difference between “telework” and “remote-work” needs to be mentioned so that, there is a clarity in the legislations formed. The main advantage of this code is

Digitization: Digitisation of data will be of great help in the exchange of information among various stakeholders set up by the Government, which ensures compliance and also facilitates governance.

Uniform definitions: Uniformity in determination of wages for the purpose of benefits of security is an another highlight of the code. This code has provided a wide definition for wage. Specific exclusions with ceilings have been provided for discouraging inappropriate structuring of salaries to minimise social security benefits.

Consultative approach:

This Code has brought in a facilitative approach by the authorities. Unlike the existing role of inspectors, it provides for an enhanced role of inspector-cum-facilitator whereby employers can look for enhanced compliances.

CASE LAWS:

In MANGLA AG VS. UOI, (HIL and Others), the Kerala High Court held that, there has to be clear distinctions, where the employee was permitted to Work at home and where the employer knowingly facilitated it. In this case, the employee is not permitted to work from home, which will not confer the jurisdiction of the State. Thus, the employer, is free to include the appropriate causes of jurisdiction, in the clause of contract of employment.

In case of MINNIE JOSEPH VS. SATE OF KERALA, Director of Medical Education and Others, the petitioner has conducted online classes and is entitled to receive appropriate remuneration, as per the terms of employment. Thus, this case law, comes under the Contract Labour (Regulation and Abolition) Act, that specifically excludes an outworker, under the Act. As per the act, outworker is to whom, the employer assigns any work, outside the premises of the office.

SUGGESTIONS:

This research article provides a comparative analysis of Legislations of Remote working, with India, from various other countries of the world. India, which is regarded as one of the most populous country in the world, could have more better and stringent laws for remote-working as there are laws exclusively for Remote-Working, in the other nations.

Apart from the laws in the codes provided, I personally feel that it is better to have separate legislations for remote working conditions, because, if at all again, if the world endures such a pandemic, then there’s no need to be in distress, at that point of time.

Also, there are many foreign based companies, which has set up its own ventures and carrying on, its operations in India, whereby, India, must have a separate law, for remote-working.

CONCLUSION:

Therefore, as like other countries, India must also have a separate legislature for remote working, as it can also avoid hustles and hindrances. Also, if any problems arise in future, then it is also convenient for the organisations, to reconcile the differences between them or between the employees and the organisation.

Thus, India must also have a separate law, exclusively for remote working.