We are clearly (and thankfully) well past the pandemic, and yet demands for flexible and remote work press on. While the overall global trend of transforming the traditional 9-to-5 work model is consistent, laws governing flexible work arrangements can vary significantly by jurisdiction.

We monitor this space closely (see our previous update here) and advise multinational companies on a multitude of issues bearing on remote, hybrid and flexible arrangements, including health & safety rules, working time regulations, tax and employment benefit issues, cybersecurity and data privacy protections, workforce productivity monitoring and more.

Key recent updates around the globe (organized by region) include:

Asia Pacific

• Australia: Right to disconnect – Working 9 to [to be determined…]?
  In August 2024, a Full Bench of the Fair Work Commission finalized the new “right to disconnect” model term, which will soon be inserted into all modern awards. Whilst we wait for the Fair Work Commission to issue its guidance on the new workplace right, here’s what you should know, and what we think you should do to prepare for the introduction of the right to disconnect

• Australia: Caselaw update regarding unique hazards of remote work environments
  In a recent case before the South Australian Employment Tribunal, the SAET determined that a worker who sustained injuries while working from home was entitled to compensation under the Return to Work Act 2014.
• Japan: Launch of Digital Nomad Visa effective March 2024
  Effective March 31, 2024, Japan introduced a new visa category. The Digital Nomad Visa essentially allows foreign nationals to stay in Japan for up to six months (within a one-year period) and remotely work for foreign companies subject to certain conditions. 
• Singapore: Mandatory Tripartite Guidelines on Flexible Work Arrangement Requests
  The Tripartite Alliance for Fair and Progressive Employment Practices issued the mandatory Tripartite Guidelines on Flexible Work Arrangement Requests, effective December 1, 2024. Among others, the guidelines require employers to consider employees requests for flexible work arrangements.

EMEA

• Austria: Correct working time recording – a success factor for employers
  This provides pertinent information for ensuring working time is recorded correctly in order to avoid significant penalties.
• Austria: From home office to “working from anywhere”
  The Austrian Teleworking Act will come into force January 2025. The Act will regulate not only working from home, but also “working from anywhere,” thereby enabling flexibility for employees and employers. Accident insurance for employees will also change as a result of the Teleworking Act.
• Czech Republic: LegalBites 
  The Ministry of Labor and Social Affairs has proposed amendments to the Labor Code to enhance employment flexibility, enabling employees to schedule working time through agreements with employers.
• Italy: New remote work agreement for cross-border Italian-Swiss employees
  The Italian and Swiss governments have signed an agreement regulating remote work for cross-border employees. Starting retroactively from January 1, 2024 and until December 31, 2025, Italian-Swiss cross-border workers can work remotely for up to 25% of their working hours, without prejudice to the cross-border employee status and the resulting tax regime.
• Luxembourg: Transparency and predictability of working conditions — Upcoming changes
  The Luxembourg parliament adopted a draft bill to implement the EU directive on transparent and predictable working conditions. Since the state council waived its constitutional vote on July 12, 2024, the law will likely enter into force soon.
• United Kingdom: Code of Practice on “right to disconnect”?
  The UK government is reportedly considering a Code of Practice on the ‘right to switch off’ which may operate in a similar way to the Codes of Practice on disciplinary and grievance matters, and fire and rehire, with the potential for uplifts in compensation for specified types of claims where there has been non-compliance. Full details of the proposals are awaited, but employers may wish to examine their hybrid and remote working arrangements now to ensure they can react swiftly to future developments.
• United Kingdom: Employment rights bill – key provisions
  The UK’s new government’s October 2024 Employment Rights Bill provides for sweeping employment law changes, including changes to flexible working rights, day one employment rights and much more. Though much of the detail is still to be finalized. click here for our summary of the Bill’s key provisions.

Latin America

• Working Schedules in Latin America
  The legal landscape for working time regulations in Latin America has undergone significant transformation, adapting to new global trends and local needs. This high-level overview provides a quick summary of current weekly working schedules in the region.
• A Quick Guide to Digital Nomad Visas in LATAM For Remote Workers (Video Chat)
  In this video chat, members of our Global Immigration and Mobility team in the US, Colombia, Argentina and Peru explore the latest developments and legal “gotchas” that employers should watch out for when managing remote employees in Latin America.
• Colombia: Second reduction of the weekly working schedule 
  The second reduction of the weekly working schedule came is effective as of July 15, 2024. The new maximum weekly working schedule will be 46 hours.
• Peru: Modifications to the Telework Law
  Effective November 1, 2024, an amendment to Peru’s Telework Law adds new rights and obligations with respect to teleworkers, as well as modifications to the minimum content of telework agreements.

North America

• United States: no right to disconnect . . . yet
  ​​While there’s no federal “right to disconnect” in the US, there are some signs of movement in that direction since several cities and states considered it this year. For instance, in April 2024, California legislation proposed requiring certain employers to maintain a workplace policy granting employees the right to disconnect from communications during nonworking hours – with certain exceptions for emergencies or scheduling. While the bill ultimately failed (as did similar proposed measures in New York City and Washington state) since it was widely considered overly broad, we don’t expect the debate over work-life balance to end there.
• Canada: clarity from the Canada Revenue Agency’s new administrative policy for remote work
  Employees who physically report for work at an establishment of their employer are subject to the payroll deduction rates of the province in which such establishment is located. Based on CRA’s new policy, employees working remotely on a full-time basis will now be subject to the payroll deduction rates of the province in which their employer has an establishment that the remote employee could reasonably be considered attached to.
  

Embracing flexibility across an evolving legal landscape needn’t mean uncertainty. We help organizations confidently build their flexible future. Contact your Baker McKenzie lawyer for more information about flexible workforce arrangements, view our Global Immigration and Mobility Handbook to learn more about managing workforce mobility, or click here to find out more about our insights and solutions for Workforce Redesign.