Work from Home- Need of a Law

 Law does not grow in vacuum. It needs its roots deep seated into the contemporary wishes and needs of the society. Sometimes law takes the lead and society is left behind. Sometimes society moves faster than the law. Recently, corona virus and its variants have changed the working landscape and economy of not only India but also around the globe. Due to this pandemic, the needs of the society have changed but the law has not kept the pace with the changing needs of the society. Virus has compelled the people to stay at home, especially in view of lockdowns imposed by the governments. Keeping distance from each other was another chief reason for staying at home. To save the employee from corona pandemic, companies had adopted work from home or hybrid mode in 2020 as a temporary measure, but now it has become a new model of working. Covid-19 pandemic has made the concept of work from home popular, both in government and the private sectors. But there is no law governing work from home in this new normal. 

While working from home, few people have complained of taking more work from them by the employer than prescribed the working hours. Thus, working hours at home should be regulated by law. The employees are working at home, their electricity and internet bills have increased considerably. The expenses of electricity consumed at home and charges of internet should be reimbursed to the employees. The companies do not need that much working space now, as compared to pre-covid times. The companies are saving their expenses on account of rents and employees are using their home space for office work. The companies are saving the expenses involved in maintaining transport services for bringing their employees to work place and dropping them back at home in the evening along with salaries of the drivers too. The employees should be compensated for their additional expenses. The companies should provide for free vaccination and medical facilities to their employees at work places.

The Ministry of Labour and Employment, with an intention of standardizing the conditions of employment in industrial establishments employing more than 300 workers to whom the Occupational Safety Code, 2020 applies has issued the draft Model Standing Orders for service sector, 2020 (“MSO”). These MSOs provide for classification of workers as permanent, temporary, apprentice, probationers, Badli and fixed term workers. Industrial establishments are required to publish notices which shall display working hours, number of shifts, shift timings, list of holidays, pay day and wages band payable to all categories of workers. Work from home can be assigned to workers on the conditions agreed between employer and worker. Payments of wages are to be paid by crediting to their bank account by electronic mode or digital form and intimation concerning payment is to be sent to the worker through SMS or e-mail or whats App etc. The provision for pre-medical examination is also included in these MSOs.

The MSOs are presently in a draft format. The suggestions and objections have been invited from the interested stakeholders. The current format of MSOs has tried to balance the interests of workers as well as employers. It is expected that these MSOs will pave the way for industrial harmony and will curb the notion of ‘hire and fire’ and will fix the accountability of the companies.

During the last two years, most of the companies have reduced the salary of their employees, working from home, to the tune of 40 % without their consent. There appears to be no justification in reduction in salary when employee is working more at home than at office. 

Few find work from home easy, especially when their kids are too young, but many of them find that work from home is a tedious job. It causes mental problems at home. Work from home can be done in another country also. The reasons supporting work from home are that employees could be more productive by using the time they would spend in commuting. They are more productive and creative at home and the working environment is free of distractions, which ensures increased accuracy of the work. The disadvantages of work from home are that at home there is lack of community and team work. Lack of motivation, unmonitored performance, frequent breaks, lack of office equipment and good working environment leading to risk to productivity are few to name. Work from home can make life easier at first; it can actually be detrimental to the health of the employee. Human beings are social creatures and working without seeing anyone can make employees feel cut off. Remote working can cause anxiety. 

Many countries have already passed legislations regulating work from home. The Portugal has recently enacted a legislation under which no company will call his employee after working hour or finishing of the shift. There is a provision of fine for violation of this provision. The need for law on telecommuting in India is genuine need of the hour.

Professor Dr. N. K. Bahl

JEMTEC school of Law