Hybrid work: 5 most frequently asked questions about this model

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Hybrid work: 5 most frequently asked questions about this model


What does the law say about? What about time and attendance, benefit payment, equipment supply and OSH issues in hybrid work?


By Luciana Lupinucci


The pandemic created the need for companies to adapt a number of processes, including their way of operating. With the advance of vaccination and easing of restriction measures, the hybrid work , a mix of face-to-face and remote work , has been a practice adopted by many businesses.

In this model, offices seek to find operating arrangements that balance issues such as the needs of their field of activity, resource savings, organizational culture and people management strategies.

A survey conducted by Great Place to Work with 2008 people shows that 46.8% of participants work in an organization that already operates in a hybrid model. In addition, 77.7% will stay with this model even after the end of sanitary restrictions.

To eliminate labor risks in this relationship, it is important to ensure the regularity of established practices. Is your company ready for hybrid work? See answers to 5 frequently asked questions:


1. Hybrid work: what does the legislation say about it?


Today there is no specific legislation on hybrid employment contracts. Ideally, the general provisions related to face-to-face work and teleworking are balanced, always in accordance with the Consolidation of Labor Laws (CLT) and provisions of Law No. 13.467/2017.

It is worth remembering that the collective labor agreement and the collective bargaining agreement prevail over the law in a series of issues, including when dealing with work practice in different models.

Read also: Home-based, in-person or hybrid system: transition between models demands caution


2. Does the company need to supply equipment and bear the costs?


In the teleworking or hybrid work model, the employer is not required to provide equipment or allowances for this purpose.

Therefore, the company may or may not bear the costs of water, electricity, telephone, internet, and computer, as agreed.

Issues related to the responsibility for acquiring, maintaining or supplying equipment and infrastructure necessary for remote work should be described in the employment contract.


3. What hapens to the provision of transit passes, meal vouchers and other benefits?


In the hybrid model, the employer only pays the transit pass for the days on which there is commuting to work. Hence the need to adequately plan how the work routine will be, so that employees receive the benefit according to the need to attend the company.

The instruction to discount the value of tickets or 6% of the employee's salary, whichever is lower, prevails.

As for meal vouchers, there is no specific provision in the Consolidation of Labor Laws. But it is recommended that this benefit be maintained. Also for cases in which the company offers meals in the cafeteria, it must offer corresponding payment for the days of work outside the premises.

In relation to benefits in general, it is necessary to bear in mind that, even when working remotely, employees have the same rights as they would at the company (except for transit pass on days when attendance is not required).

Once again, it is worth remembering that the category's collective labor agreement must be consulted to check if there are any specific rules.


4. In hybrid work, does the employee need to clock in?


In face-to-face activity, tracking time and attendace is mandatory for companies with more than 20 workers

.

In remote work or hybrid model, on days when the activity is carried out outside the company's premises, there is no obligation to register time.

You can choose to stop tracking it or deploying a remote system. Whatever is decided, it is recommended that the parties establish an agreement on the control of working hours in the service provision contract, in order to avoid future questions.

It is important to remember that the provisions of the Consolidation of labor Laws regarding the daily limit of working hours, lunch break and overtime continue to apply. The dynamics set by collective agreements must also be considered, when applicable.


5. Occupational health and safety: what are the requirements?


According to the law, the employer must instruct their employees, expressly and ostensibly, with regard to the prevention of work-related illnesses and accidents in the corporate environment and even at home.

Such instructions must be transmitted periodically. For evidential purposes, the company must ask the worker to sign a term committing to follow good practices aimed at occupational health and safety.


Record everything that is agreed between the parties


It is essential to make the rules agreed between company and employee clear. The provision of services in remote work, even on some days of the week, must be expressed in the individual contract or in a contractual addendum.


Labor support for all business models


With support from DPC's labor and social security center, companies always act in compliance with current legislation, eliminating risks and liabilities in these areas. Count on this support: dpc@dpc.com.br.



Author: Luciana Lupinucci, partner at Domingues e Pinho Contadores.



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