Coronavirus and remote work

2020 - 02 - 28

Development of modern technologies together with the change of generations have caused significant changes in the labour market. One of the most significant trends over the past couple of years has been remote work. Due to the recent outbreak of coronavirus (COVID-19) the remote work issue has become even more relevant. This COBALT newsletter will cover the basic legal issues which the employers may face as a result of the virus, as well as contain some recommendations for remote work.

Governmental health organizations of the Baltic States have recommended to monitor the health condition closely for 14 days after returning from the affected regions. Although there is no direct prohibition to go to work, it is obvious that staying at home during those 14 days is the reasonable option – the so-called no-symptom quarantine.

If the employee has chosen or strongly recommended by the employer to stay at home, then the possible legal consequences would depend on whether remote work is possible in the particular circumstances. If yes, then this should be treated as agreement of the parties on remote work. If remote work is not possible, then:

  • If staying at home is the employee’s initiative, then there is no legal obligation for the employer to pay remuneration to the employee during the quarantine period. Accordingly, such time period could be treated either as part of the annual paid vacation or unpaid vacation. It is apparent that in such case the employees would not be very motivated to stay at home which might not be in the best interest of the employers who want to protect the other employees. Therefore, it seems that the reasonable and good practice would be to offer at least some partial compensation to the employees during the quarantine period.
  • If the employee stays home due to an instruction or strong recommendation of the employer, then there would be no legal justification for the employer not to pay the salary as this would most likely qualify as idle time for which the employee is not responsible.

COBALT offices are a part of IusLaboris, a global network of law firms specializing in employment law. As part of the international efforts, IusLaboris firms have put together a special website featuring guidance for employers from around the world on dealing with the virus. Take a look here: https://theword.iuslaboris.com/hrlaw/coronavirus

If the decision has been taken to introduce remote work, either temporary or regularly, we advise to observe the following recommendations:

  • Separate regulations should be issued or an agreement with the employee concluded in relation to remote work or the existing work procedures should be updated. The usual topics to be covered are recording of working time, confidentiality precautions, division of costs of communication means between the employer and employee, division of liability related to work safety.
  • The employer’s obligation to ensure recording of the working time applies also in case of remote work. Accordingly, it may be necessary to introduce some IT or other solutions for recording of working time.
  • Employees should be given handouts regarding requirements and best practices in relation work safety and ergonomics.

The article is avaliable also in PDF format.

For further information please contact employment experts COBALT Estonia Partner Karina Paatsi, COBALT Latvia Partner Toms Šulmanis and COBALT Lithuania Legal Counsel Dr Dalia Foigt-Norvaišienė.