Rights for remote workers

Though remote working existed before the COVID-19 pandemic, the dynamic of traditional office-based workspaces has undergone a huge transformation. One-fifth of the US workforce works remotely, representing a shift in work culture. And with 98% of US workers expressing an interest in working remotely either for all or part of the week (sometimes referred to as hybrid work), businesses anticipate this trend will continue to grow in 2025 and beyond. 

As this style of work continues to evolve, it’s important that businesses grasp a holistic view of both the benefits and challenges of remote working. If your business is considering remote working, review the benefits and potential challenges to this style of working below. And if your business already operates remotely in some capacity, make sure you know which regulations to comply with to provide equal protections to remote employees.

Benefits of remote working

On the positive side, employers can promote healthy work-life balances to enhance occupational and mental health for remote employees, alongside reducing business impacts on the environment. 
 

Work-life balance 

Being able to adopt a more successful work-life balance is potentially the largest motivator behind employees transitioning to remote work or hybrid work, with 71% of workers indicating that remote work allows them to balance their work life and personal life.  

Having a work-life balance is crucial in enhancing employee wellbeing, allowing employees to organize their schedule accordingly. This type of flexibility could benefit families with young children, employees who care for someone, those who have midday medical commitments, and more.  

Further to offering flexible working hours, remote working also reduces the amount of time employees spend commuting. This allows more time and energy for personal endeavors before and after work, saving on any associated travel costs and reducing tiredness from additional travel demands.
 

Reduced air pollution 

An environmental benefit of remote working is reduced air pollution. Before vehicles are even used on the road, their production carries a huge carbon footprint, due to the materials needed for their composition — such as steel, rubber, plastic, and paint.  

But 80-90% of environmental damage from vehicles is due to emissions from petroleum and diesel, which release toxic greenhouse gases that pollute the air and contribute to global warming.   

Additionally, once a car is no longer fit to use, disposing of the vehicle can also release potentially harmful toxins, such as battery acids, into the air and water streams. 

Challenges of remote working

While remote working can have numerous benefits for employees’ mental health and the preservation of a healthy environment, many may experience potential drawbacks from working in a remote environment.
 

Increased chance of burnout 

Just as working from home can allow employees the time and flexibility to step back from work, others may struggle to switch off, as their work life and personal life are intertwined in the same space. 

According to Forbes, 69% of remote workers report an increased likelihood of burnout from too much digital communication. Having work equipment always accessible can make it harder for a remote employee to switch off at the end of their workday. 

How can businesses help? 

Employers should establish proper boundaries to ensure workers don’t feel obligated to work outside their contracted hours — both for employee mental health and to meet “right to rest” regulations for compliance.
 

Lack of connection 

Potentially the biggest disadvantage to remote working (for some) is the lack of connection to coworkers, as all communication is online through virtual meetings. Some workers may need face-to-face interaction as part of their daily work.  

Forbes reports that 53% of remote workers say it’s harder to feel connected to their fellow employees. While this may suit some workers, it can be detrimental to others who need social interaction to work productively.

How can businesses help? 

Employers could commit to boosting corporate culture by planning in-person meetings and events to encourage all remote workers to get together. Promoting team-building activities may also help in improving interpersonal relationships across the organization.

Remote working regulations and rights for remote employees

Employers are still equally responsible for providing the same health and safety, security, and fair pay to remote employees as in-office workers. Regulatory authorities around the world have published legislation to ensure that remote workers receive the same entitlements as office employees.
 

Home Work Convention (1996) 

The Home Work Convention was adopted in 1996 by the International Labour Organization (ILO) to protect the rights of employees working from home. This Convention (C177) mandates laws to regulate fair treatment and equal rights in terms of workplace health and safety, social security, remuneration, maternity rights, and more.  

It’s currently in force across 13 European countries.
 

Employment Rights Act (1996) 

First established in the UK in 1996, the Employment Rights Act consolidates multiple acts, including: the Contracts of Employment Act 1953, the Redundancy Payments Act 1965, the Employment Protection Act 1975, and the Wages Act 1986. 

The Act provides a framework for protecting all workers — in and out of the office. For remote workers specifically, they can benefit from the following stipulations: 

• Statutory right to request flexible work: Employees maintain a statutory right to request flexible or remote working opportunities, applying for a change in their terms of employment 

• Entitled breaks: All employees who work over six hours are entitled to a break of at least 20 minutes 

• Valid dismissal: Employers must provide valid reasons for dismissal. If they’re unable to substantiate their decision to release an employee, they’ll be subject to unfair dismissal charges 

In 2019, the Act was amended to quadruple the maximum fine for serious breaches of worker rights.
 

The Working Time Regulations (1998) 

Applicable to European countries and the UK, the Working Time Regulations functions as a “right to rest” law, which could be useful for remote employees experiencing burnout to exercise their rights at home.  

Under this law, employers must allow the following break periods for both office workers and remote employees: 

• 20 minute rest for more than six working hours 

• 11 hours rest between working days 

• 24 hours rest every seven working days 

• 48 hours rest every 14 working days
   

Fair Labor Standards Act (FLSA) 

In the US, the FLSA establishes mandatory standards that employers must comply with. While not exclusively designed for remote workers only, this US law mandates laws on minimum wage, overtime, hours, and recordkeeping for both office and home workers. These include: 

• Minimum wage: Effective since July 2009, the federal minimum wage is USD 7.25 per hour. Individual states may have higher minimum wage laws that businesses must comply with, but they cannot drop below this minimum 

• Overtime: Employees are entitled to overtime pay for any hours they work over the 40-hour work week 

• Work time: It’s not considered work time for employees who travel to and from their home to an office space. This benefits remote workers who don’t lose any time traveling, or consequent pay

Implementing a remote work policy

Businesses around the world should be aware of which regulations apply to their workers, depending on the definition of their employment and the region in which they operate. Complying with the law reduces the risk of non-compliance fines and penalties, damage to brand reputation, and loss or dissatisfaction of employees.  

If your business operates remotely, hybrid, or allows flexible arrangements, establishing and implementing a remote work policy ensures all employees are protected — both legally and ethically. Within this policy, employers should clearly outline the protections given to remote employees, including: 

• Working hours, breaks and rest periods, and “right to disconnect” 

• Any reimbursable travel expenses, such as for mandatory office visits or moving between job sites 

• Health and safety compliance and procedures for reporting incidents (from a remote location) 

• Anti-harassment and anti-discrimination protocols 

• Expectations on communication 

• Available training or career progression opportunities 

Employers are also still responsible for ensuring remote employees operate in a safe working environment, even if that’s their home. In this case, businesses can conduct online health and safety assessments and provide guidance on ergonomic chairs.