Labor matters

A remote work agreement: make working from home work

If an employee regularly works from home, a teleworking agreement is highly recommended. In it, you record the agreements regarding working days and availability, reimbursement of home working expenses, health and safety requirements for the workplace, and security...

Published on July 11, 2022 by MKBjuristen.nl
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If an employee regularly works from home, a teleworking agreement is highly recommended. In it, you record the agreements regarding working days and availability, reimbursement of home office expenses, health and safety requirements for the workplace, and data security. For occasional teleworking, this is usually not necessary.

When is a telework agreement required?

If someone works from home for a day occasionally, you can arrange this informally. However, if an employee works from home structurally or regularly, a written teleworking agreement prevents ambiguity. In it, you make concrete agreements that are workable for both parties.

Working days, availability and costs

Specify on which days and hours work is performed from home, how and when the employee must be reachable, and which costs you reimburse. Under certain conditions, you may provide a tax-free home working allowance; check the current tax rules and amounts.

Occupational Health & Safety: a safe workplace at home too

Your duty of care under the Working Conditions Act also applies when working from home, albeit under a less stringent regime. Ensure an ergonomically sound workplace and provide information; make aids available where necessary. A healthy home workplace prevents complaints and absenteeism.

Data security and privacy

Working from home increases the risks to data security. Make agreements regarding safe working practices, the use of (personal) equipment, and the handling of confidential and personal data to ensure you remain compliant with the GDPR. Include these agreements in the teleworking agreement or the employee handbook.

Frequently Asked Questions

Do I need a telework agreement?

For occasional working from home, usually not; for regular or structural working from home, a telework agreement is highly recommended.

Do I have to reimburse home working expenses?

Under certain conditions, you can provide a tax-free home office allowance. You determine whether and how much you reimburse; check the current tax rules.

Does my duty of care also apply at home?

Yes, the Working Conditions Act also applies to working from home, under a less stringent regime. Ensure an ergonomic workplace and provide information.

Want to properly manage your remote work policy?

Our legal experts draft a teleworking agreement or establish the policy in your employee handbook and employment contract. View our employment lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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