Remote work has become much more common since the arrival of the Covid-19 pandemic. With the adoption of this model, a trend emerges for the home office to continue being used, or even a hybrid work model. What risks and opportunities can this bring to companies and employees? To learn more, we spoke with Glauber Ortolan and Nathalia Valverde about this topic; check out our professionals’ point of view below:
With the return to in-person work, some companies opt for hybrid work (part at the company, part at home or another remote location). Can this trend bring labor risks?
Hybrid work is nothing new. Companies already experienced the home office before the Covid-19 pandemic. But there is no way to say that this model meets all the needs of companies.
It is necessary to analyze the characteristics of each business and verify the feasibility of adoption, weighing advantages and disadvantages. It is a decision that must be made with caution and planning, since the lack of specific legal provisions and consolidated case law on the subject are the greatest disadvantages that the business owner may face in adopting this regime.
For example: cases of work-related accidents and occupational diseases. It is the business owner’s responsibility to prevent work-related accidents and occupational diseases. The difficulty of control and oversight by the business owner regarding the employee’s working conditions at their residence makes it difficult to distinguish a domestic accident from a work-related accident.
Thus, the Regional Labor Court (TRT) held that “what can be required of the company is compliance with the fundamental obligation to instruct employees on the need to observe occupational safety and hygiene standards, in order to prevent the emergence of diseases and accidents, to provide adequate furniture, to guide them on proper posture, rest breaks, etc.”
How to protect against these possible risks?
We always recommend targeted actions, considered on a case-by-case basis, in order to mitigate the company’s liabilities. Whether through the formalization of individual agreements or even through collective bargaining, with the purpose of adjusting to the factual reality of the employment relationship. Always with the express consent of the employee regarding the regime to be adopted.
We recommend including in the contract/amendment a clause in which the employee declares that their home office complies with reasonable safety and hygiene standards, including the ergonomic use of equipment.
We further suggest including a clause in which they commit to respecting the recommended limits for the duration of work, especially that involving typing and other ergonomic risks, to respecting intra-shift and inter-shift intervals/breaks and daily and weekly workloads, also committing to carry out activities aimed at preventing occupational diseases and accidents, through the regular practice of workplace exercises.
What is essential for a company that intends to adopt the hybrid model to do in order to become more protected regarding labor matters?
To adopt a hybrid work schedule, it is important that all provisions are agreed in writing and that there is transparency regarding working conditions, establishing what is expected of the employee assigned to work under a hybrid regime and the company’s counterpart.
The fact that there is no specific legislation on the hybrid schedule does not mean that there are no rights to be respected.
What can be more challenging in this type of model in the legal field?
Since there is no legal definition of what the hybrid regime is, the business owner’s greatest challenge is the lack of specific legal provisions and consolidated case law on the subject. Companies that are adopting the hybrid regime are creating internal policies.
On the other hand, in your view, can the hybrid work model in question bring benefits to companies in terms of labor matters? What types of benefits?
Yes, since even before we had to deal with the Covid-19 pandemic, many companies already adopted this more flexible model, which presents advantages for both the worker and the employer.
Below are some advantages of hybrid work, such as:
· Cost reduction;
· Flexibility at work;
· Strengthening of organizational culture;
· Improved quality of life;
· Talent retention and attraction;
· Productivity.
Despite the advantages, the hybrid work model also presents some important disadvantages, such as:
· Lack of structure;
· Resistance from leaders and managers;
· Difficulty with time management;
· Difficulties with people management.
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