The return to exercise has arrived for a lot of corporations and staff, and we’ve talked quite a bit about teleworking and household conciliation, however we had not talked about what would occur when it was time to return to the workplace or to do a business trip.
In corporations the place teleworking is applied, there are staff who wish to return to the workplace and others don’t, and this example, if properly managed as an alternative of being an issue, could make workers work extra comfy and extra environment friendly.
1º ¿ARE WE OBLIGED TO RETURN TO THE OFFICE? ¿ARE WE OBLIGED TO TRAVEL FOR WORK?
The reply is sure.
The employee should go to the office if their firm requests it, since if they don’t accomplish that they threat being sanctioned and even being fired for unjustified absence or tacit go away.
2º ¿WHAT IS THE LEGAL BASIS?
First, the TELEWORKING IS NOT MANDATORY and sure voluntary; subsequently, the worker can not demand that the corporate telecommute or return to the workplace. The Article 5 of Royal Decree-Legislation 8/2020 it’s restricted to declaring that the teleworking modality may have desire over measures of cessation or momentary discount of the exercise.
Second, the DIRECTION AND ORGANIZATION OF WORK it’s established by the corporate; the worker will all the time be obliged to hold out the agreed work underneath the route of the employer. We spotlight two guidelines on this regard:
- Employees present their providers «inside the scope of group and administration« of an employer (article 1.1 Workers Statute).
- It’s the fundamental responsibility of the employee «cAdjust to the orders and directions of the employer within the common train of his managerial features« (Article 5 Employees Statute).
3º WHAT IF I DON’T WANT TO GO BACK TO THE OFFICE? ARE THERE EXCEPTIONS?
Given this query, we verify that there are instances the place WORKER’S HEALTH PREVAILS in entrance of the corporate administration.
For instance, the Legislation 31/1995 of Prevention of occupational hazards, gives for the suspension of exercise as a consequence of threat in being pregnant, granting a profit.
Apart from the Article 21 of the Legislation of Dangers prevention Labor states that “The employee shall have the proper to interrupt his exercise and go away the office, if needed, when he considers that such exercise includes a severe and imminent threat to his life or well being.”
Subsequently there’s a authorized foundation for an worker who considers himself to be in danger, to speak in writing to the corporate his intention to not seem within the office or to not take a enterprise journey. If the corporate doesn’t show that it has taken the essential safety measures, the corporate won’t be able to drive the employee to return to the workplace.
Relating to the well being disaster of Covid-19, this concern can generate many extra conflicts, since across the virus there are nonetheless many uncertainties; To get an thought, 200 scientific articles are revealed a day on this virus, lots of them contradictory.
Right now It’s tough for a Social Courtroom to not think about the absence justified if the employee does have a sense of vulnerability, and the imposition of a sanction shall be sophisticated, and the appliance of dismissal for unjustified absenteeism shall be far more tough.
Irrespective of how a lot protocol and safety measures an organization implements, positive that the employee will be capable of show day by day conditions that pose a threat to the employee, comparable to going to the lavatory or utilizing the eating room.
Because of the aforementioned, teleworking will not be necessary and the corporate workouts the route of the corporate, however additionally it is true that the well being of the employee prevails, and much more so through the Covid-19 well being disaster.
Subsequently, greater than ever we wager for taking very consensual measures, the place the employee really feel comfy performing your work exercise, however on the similar time permitting the corporate to implement work management measures and communication programs.
Implementation will not be that tough, at the moment there are instruments comparable to Trello, Slack, Zoom and so forth … that permit the corporate to proceed controlling the employee and giving instant directions; As well as, the employee should be extra self-disciplined than ever with out creating added worries for the employer, since at this second he must be centered on saving the enterprise.
ALWAYS AGREEMENT, ALWAYS TALK, ALWAYS AGREE … the corporate and the employee all the time win, it’s a WIN TO WIN.