Since the beginning of the corona crisis, hybrid working has been the norm. The number of corona infections is slowly increasing again. It is not inconceivable that some companies will soon again require their employees to work wholly or partially from home.
Agreements on working from home
Employers and employees should make their own arrangements for an appropriate division between on-site and home work. Currently, only half of companies have a home-working policy. Research shows that a large majority of employees believe that working from home should be well regulated. Flexibility in this policy is a must, even given the ever-changing government recommendations.
Role of works council
The works council (OR) can also play an important role here. Not only can the Works Council push for an adequate complete homework policy, but it has a right of consent under Section 27 of the Works Councils Act (WOR) when introducing or changing a homework policy or arrangement. After all, these are regulations on working conditions and conditions of employment. For example, a homeworking policy will often include rules on working hours, working conditions, assessment systems and employee tracking systems. Even though homeworking is not mentioned as such in the WOR, the Works Council is still required to give its consent because this policy affects working conditions and terms of employment.
No consent
Without consent, the business owner cannot implement the work-at-home policy, which looks at the above points. Does the entrepreneur do this anyway? Then the Works Council can invoke the nullity of this decision within one month after the announcement of the homework policy. The entrepreneur may be able to go to the subdistrict court for substitute consent if the Works Council withholds its consent.
‘Right of initiative’ works council
If the employer does not want to introduce a homework policy or homework regulation, the Works Council can take the initiative with the so-called ‘right of initiative’. A proposal to this end must be substantiated in writing by the Works Council (and discussed at least once in a consultation meeting). The employer is not obliged to implement the Works Council’s initiative proposal, but must give reasons why it refrains from doing so.
Advisory right
The strange thing is that for a new home-working policy to be introduced, the Works Council is also obliged to advise on certain points (see Article 25 WOR). For example, if working from home leads to an important change in the organization of the company or to the introduction or modification of an important technological facility (think of switching to a new work system). Or perhaps the home working leads to important investments for the entrepreneur and he must therefore seek advice.
Conclusion
In short, it is important for both the entrepreneur and the works council to consider the consequences of hybrid or home working and what rights (consent or advice) may be associated with it. In smaller companies, the staff meeting or staff representation may have certain co-determination rights. It is therefore important to involve these co-determination bodies in the process about working from home at an early stage.
More information or advice on a work-at-home policy?
Would you like to know more about the rights of the Works Council with regard to homeworking policies? Or do you want to introduce such a policy within your company and have it drafted or monitored? Contact Richard Ouwerling, employment law attorney at LVH Advocaten.
