Recently the World Health Organization declared the pandemic of the new coronavirus and as a preventive measure many companies are in doubt whether or not implement the home office working model for its employees; to help uncover this type, of Miss. Flavia Castro Eadi, head of employment law lawyers of RGL clarifies the questions on the subject
São Paulo, March 2020 – With the increase in cases of coronavirus (COVID-19) and the spread of the disease in the World, private companies, schools, public agencies and institutions of the Federal District has taken a series of measures to contain the spread of the problem. Eyeing this scenario, businesses guide their employees to work from home, opting for home office, a model which was settled during the labor law, which normalized the practice of telework. The modality that is already common in some countries like the United States, It has been increasing gradually in Brazil. According to a study IBGE, in 2018, only 5,2% Brazilian employees working at home office system.
According to the doctor. Flavia Castro Eadi, head of employment law lawyers of RGL, as empresas devem ter em mente que o home office e o teletrabalho são caracterizados de maneira diferentes. “O home office é aquele trabalho possível de ser realizado fora das dependências da empresa, but what happens within the employee's residence, already teleworking can be done from anywhere, in a cafe, a food court, so the telework situation is wider. Both should be defined clearly in a contract ", says specialist.
Another important point is that companies who opt for home office model should make changes to the terms of the contract of its employees, ensuring security for both parties. "We are living a critical moment, where all are poor and are not sure how to react in this situation. While the Ministry of Health does not determine how companies should act, many are in doubt whether release their employees to work from home or continue with the normal routine. If the company decides it is time to their employees home to work, she should make an addition to the employee's contract and report it to, from now on, until the measures are contained in it will go to work at home office ", discloses attorney.
To help implement the home office, of Miss. Flavia Castro Eadi, list the main points to be aware of this change. Check:
Set the workday with deliveries of aid: when it comes to home office thinking about flexibility, por isso é preciso combinar com o colaborador um prazo para entregas. "When working from home is the employee who makes the control of your workday, it will deliver the promised work, what he would do in office. It has companies that ask for the team to meet once a week to deliver projects and define the next steps, isso não descaracteriza home office, but it should also be established on the developer's contract ", account specialist.
No overtime, which optimizes the cost for both parties: according to Law, the employee who makes home office does not receive overtime, since it has flexible hours, and delivery time. "Although it save time by not having to move, he still has expenses that must be combined as the company, as internet, light, phone, need for a computer. These are all combined expenses that should not be included in the employee's salary, but funded and has combined in the contract ", specifies Dr.. Flavia.
Also according to her, this crisis could open the eyes of companies to a new contracting model. "With this critical situation of public health, many companies began to implement the home office, especially those who had some fear on the working model, with the experience and the vision in practice this kind of work some companies have been moving to implement it at least one day a week, even with the end of the crisis ", Specialist ends.
About RGL Lawyers
The RGL Lawyers is a law firm focused on delivering solid and multidisciplinary legal solutions (full service) for national and international corporate market. The firm serves clients in several sectors of the economy, whether in the field of industry, creating solutions for consumer goods producers in general, producers of machinery and equipment and construction, as well as, retail trade sector clients, education, technology and financial institutions.