Remote working and legal obligations for companies

Workplace flexibility also requires effective management

Remote working has become a common reality in many organisations. What initially emerged as an exceptional solution has become an established tool that can help improve work-life balance, provide greater flexibility and respond to new ways of organising work.

However, in practice, many companies have implemented remote working arrangements without fully considering all the legal implications involved. In fact, it is common to find organisations that regularly allow part of their workforce to work remotely without having the necessary documentation in place or without reviewing whether their procedures comply with current regulations.

As a result, a measure designed to improve flexibility can ultimately lead to employment-related risks, internal conflicts or even regulatory breaches that could have been avoided through proper planning.

Remote working is not simply about working from home

One of the most common mistakes is to regard remote working as a straightforward organisational measure that can be implemented informally.

However, when remote work is carried out on a regular basis, regulations require the company and the employee to formalise a remote working agreement setting out the conditions applicable to this way of working.

In other words, simply allowing an employee to work from home one or more days a week is not enough. It is necessary to properly document how the work will be carried out and establish the rights and obligations of both parties.

The remote working agreement: a key element in preventing conflicts

Companies often focus their efforts on operational aspects such as organising teams, providing IT equipment or managing the number of days employees are required to work on-site.

However, one of the most important elements is the remote working agreement itself.

This document makes it possible to regulate essential matters such as:

• The equipment, resources and tools provided by the company.
• Expenses arising from remote working and how they will be reimbursed.
• Working hours and availability requirements.
• The distribution of on-site and remote working days.
• The employee’s designated workplace.
• The duration and terms of the agreement.

Clear rules not only contribute to regulatory compliance, but also provide legal certainty for both the company and the employee.

Companies’ obligations do not disappear with remote working

Another area that can cause confusion is the assumption that certain obligations no longer apply when work is carried out away from the company’s premises.

In fact, the opposite is true.

Companies remain responsible for key areas such as working time recording, occupational risk prevention, data protection, information security and compliance with employees’ right to disconnect.

Employees who work remotely must also retain the same rights as other employees in areas such as training, professional development, remuneration and job stability.

For this reason, implementing remote working requires an approach that combines organisational flexibility with legal certainty.

What if the company already has signed agreements in place?

Having a signed remote working agreement is an important first step, but it may not always be enough.

In recent years, many organisations have changed their working models by increasing or reducing the number of on-site working days, reorganising departments or introducing new technological tools. However, the agreements originally signed have not always been updated to reflect these changes.

It is therefore advisable to periodically review existing documentation to ensure that it continues to reflect how work is actually carried out and the company’s current needs.

A preventive review can help avoid future problems

Experience shows that many issues associated with remote working do not arise from the working model itself, but rather from insufficient or outdated rules.

Having properly drafted agreements that are aligned with the company’s actual operations and adapted to current regulations can help reduce risks, provide greater clarity in employment relationships and ensure that companies are better prepared for potential reviews or inspections.

Ultimately, successful remote working does not depend solely on allowing employees to work from home. The difference often lies in how it is implemented, how it is regulated and how it is managed over time.