Managing Remote Work Policies Across Borders: Compliance, Culture, and Connection

As many global companies implement more permanent remote work schedules, it’s essential for employers to understand the requirements for remote workers, particularly in ensuring compliance, maintaining employee well-being, and fostering a productive and secure work environment.

It’s also important to recognize that requirements can differ from country to country. Some common requirements that may apply to your remote workforce include:

1. Risk Assessments:

• Remote and Hybrid Workers: Employers must conduct risk assessments for remote workers to ensure that the home office or remote location meets safety standards. This includes identifying any hazards related to electrical equipment, fire safety, and workstation setup.
• Legal Obligation: In many countries, employers have a legal obligation to ensure that risk assessments are completed for remote and hybrid workers. For instance, under the EU's Framework Directive 89/391/EEC, employers must protect the health and safety of workers, regardless of their work location. This can involve self-assessment forms or inspections, depending on the country.

2. Ergonomic Assessments:

• Ergonomics for Remote Workers: In some countries, employers are responsible for conducting individual ergonomic assessments. This includes ensuring that remote workers have ergonomically appropriate workstations. This includes proper desk height, chair support, and screen positioning to prevent musculoskeletal disorders.
• Self-Assessments vs. On-Site Visits: Some employers provide ergonomic self-assessment tools for remote workers, while others might offer on-site inspections or virtual assessments based on the legal requirements. Countries like Germany and Ireland require employers to assess and mitigate ergonomic risks, even for remote workers.

3. Specific Health and Safety (H&S) Training:

• Remote Worker H&S Training: Employers are often required to provide remote workers with specific health and safety training that includes safe workstation setup, electrical safety, fire prevention, and psychosocial elements. This is particularly common in the UK and EU countries. For instance:
  • United Kingdom: Under the Health and Safety at Work Act 1974, employers must provide adequate information, instruction, training, and supervision to ensure the health and safety of employees. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically mandate training on safe workstation use, which can be fulfilled through briefings or e-learning programs.
  • Spain: According to Law 31/1995 on the Prevention of Occupational Risks, employers must ensure that all workers—including remote workers who work remotely at least 30% of the time—receive job-specific health and safety training. This training, which must be delivered by a qualified health and safety technician, must be tailored to the worker's role, capabilities, and evolving risks. Updates are required whenever there are significant changes to the workstation, such as new equipment or software, or after long periods of absence.
  • France: Employers in France have the same health and safety obligations for employees working remotely as they do for those working onsite. This includes ensuring that remote workers receive adequate health and safety information and training. These obligations emphasize equality in protection and training, regardless of the worker’s location.
• Ongoing Training: In many jurisdictions, employers are required to ensure that health and safety training is updated regularly to reflect changes in risks, work environments, or employee roles. For example:
  • In Spain, training must be repeated if the main elements of a workstation change (e.g., new equipment or software) or if a worker has been away for an extended period.
  • In France, employers must continuously meet their health and safety obligations by providing updated information and training to remote workers as needed.
  • In the UK, employers are expected to provide training whenever an employee’s role or work environment changes, ensuring that employees are equipped to manage any new risks effectively.

Implementing a health and safety training program that considers the unique requirements of remote workers in each country will ensure that employers not only meet legal obligations but also foster a safer and more productive work environment.

4. Special Insurance Requirements:

• Workers' Compensation: Many countries in the EU and the UK, such as Germany and the Netherlands, require employers to provide workers' compensation insurance for remote and hybrid workers, covering injuries that occur during work hours, even at home. The scope may differ from office-based accidents.
• Home Insurance Considerations: Some countries may require remote workers to inform their home insurance providers about their work-from-home status, particularly if they use expensive equipment or expect clients to visit their home.

5. Medical Check-ups:

• Legal Requirement for Medical Check-ups: In some countries, remote workers are entitled to regular medical check-ups, especially if their work involves specific health risks (e.g., prolonged screen time, repetitive strain). Spain and Portugal, for example, require regular occupational health check-ups for all workers, including remote employees.
• Specific Health Risks: For workers exposed to particular risks, such as ergonomics-related issues or mental health strain, employers may be obligated to arrange specific medical evaluations. In the EU, employers are responsible for ensuring that employees are fit for the job, regardless of where they work.

6. Other Legal Regulations for Fully Remote Workers:

• Right to Disconnect: In countries like France, employees have a legal right to disconnect from work communications outside of office hours, which is especially relevant for remote workers.
• Work Hours Tracking: Some countries, including the UK and those in the EU, require employers to track remote workers' working hours to ensure compliance with maximum work hour regulations.
• Data Protection: Remote workers must comply with data protection regulations such as General Data Protection Regulation (GDPR) in the EU, meaning employers need to provide secure systems for handling personal data. Employers are responsible for ensuring that remote workers are trained in data security.
• Contractual Obligations: In many jurisdictions, remote work arrangements need to be formalized in the employment contract. This may include stipulations on working hours, locations, equipment provision, and reimbursement for home office expenses.

7. Different Requirements for Remote vs. Hybrid Workers:

• Workplace Safety: For fully remote workers, all workplace safety measures need to be focused on the home or remote work environment, whereas hybrid workers must have safety measures applied both at home and in the office. Hybrid workers may face more requirements, such as fire drills, while remote workers may need home-based emergency plans.
• Equipment and Technology: Fully remote workers are often entitled to additional equipment such as desks, chairs, and IT tools to ensure their home setup meets legal requirements. Hybrid workers might only need minimal equipment for home use, as they spend part of their time in a fully equipped office.
• Flexibility in Working Hours: Hybrid workers may have more structured working hours aligned with office requirements, while fully remote workers could have more flexibility. However, both types of workers must comply with national working time regulations.

While not necessarily a requirement, it’s also important to understand general differences in workplace culture and communication. For example, hybrid workers may need additional policies that manage their transition between the office and home environments, such as attendance policies, office-sharing systems, and communication strategies. Remote workers often require more robust communication structures to stay engaged with their team.

But, how do you know which of these requirements are required in each country? Check out our interactive map of EMEA here! Each dot has information about remote worker regulations a country may or may not have.