The past few months have seen many changes in how we live, work and interact. The corporate space in particular has been hit the hardest with regards to operations, logistics, human resources and remote work capabilities.<\/p>\n
The days ahead remain somewhat sketchy but the fact of the matter is that adjustments in how companies need to operate is a reality and whilst some businesses will go back to business as usual,
\nothers will have to adopt and adapt to a new way of doing things.<\/p>\n
What is important going forward for both employers and employees, is to amicably and fairly navigate this new way of working – to reach mutually agreeable and legal agreements so as to benefit both parties.<\/p>\n
\u201cContracts need to be re-worked to effectively and productively accommodate what will inevitably be the \u2018new norm\u2019 when it comes to the corporate work environment,\u201d said PJ Veldhuizen, MD of boutique law firm Gillan & Veldhuizen Inc.<\/p>\n
Employers playing big brother<\/strong><\/p>\n There are several work-from-home monitoring tools and surveillance apps that track and monitor how much time a remote worker spends on a specific task or site. This \u2018big brother\u2019 approach has raised some privacy concerns and questions as to whether this is legal or appropriate.<\/p>\n \u201cThe short answer is yes, if done right and with the employee\u2019s consent,\u201d said Veldhuizen. As to whether it is appropriate or not is up to debate though, he said.<\/p>\n From an employer\u2019s perspective there are several reasons for adopting this approach – the most obvious being to monitor staff productivity and to make sure workers are doing what they\u2019re supposed to be doing.<\/p>\n The less apparent reasons would be for employers to protect themselves against possible lawsuits, to maintain the integrity of hardware and software from malicious cyber-activity, and to protect intellectual property, such as trade secrets or client lists.<\/p>\n Another factor to consider is that if the equipment belongs to the employee, then the employer cannot access information on that equipment without an agreement or court order.<\/p>\n However, if data is transmitted via the company network, the employer may have access to \u2013 and therefore be able to review – any and all information with the appropriate policies in place.<\/p>\n \u201cThe fact is most employers can legally monitor what you do while working as long as it\u2019s for legitimate business purposes or they have your consent. If you decide to engage in personal activities during business hours, you will usually do so at your own risk,\u201d said Veldhuizen.<\/p>\n Don\u2019t get caught with your pants down<\/strong><\/p>\n This is somewhat uncharted territory, said Veldhuizen, but when it comes to revising contracts to facilitate working from home, he emphasises the importance of employer and employee buy-in.<\/p>\n The balance of convenience will usually favour the employer but an agreement that is measurable and within reason needs to be drawn up to protect both parties.<\/p>\n Working remotely will require some adjustments to existing and new contracts that clearly define the expectations and responsibilities for employees who work from home.<\/p>\n Amendments or additions to consider would be:<\/p>\n \u201cDon\u2019t get caught with your pants down on contract negotiations (or when that zoom call goes live, for that matter) – getting specialist advice when negotiating new work-from-home contracts is the wise thing to do,\u201d said Veldhuizen.<\/p>\n\n
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