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COVID-19 Legal update: unpaid leave and work from home consideration -…
COVID-19 Legal update: unpaid leave and work from home consideration
employees are forced to take annual leave when stores and office are closed
employers must distinguish between statutory annual leave and contractual annual leave in employment contract
may lead to claims by the employee for breach in employement contract
author: Catherine leung, legal director
working at home
advantages
reduces cost for both premises and overhead cost
reduce travelling time to go to work
improve employee motivation
increased productivity
author's opinion
provide a written policy on working at home
working hours and days
the factors / performance indicator that will be used to assess an employee's
IT security and the use of company equipment
data protection and privacy
confidentiality of company and client information
health and safety duties
employers should also set a very clear expectation on the work that is required of them during the work from home period
employers may consider exercising some degrees of monitoring to ensure employees are continuing working as they should do in their normal workplace
employers should also make clear that homeworking does not create a permanent variation to the employee's terms of employment and should consider reserving the right to direct the employee to come to work as and when required
employers should also monitor their workers to ensure that employees are continue to carry out work as they would do in their work place