Telework allows employees to perform their work remotely using information technology, such that work which could also be performed by employees at the employer’s premises is carried out away from those premises on a regular basis.
With the evolution of information technology certain work that is usually performed at the employer’s premises, can now be carried out away from those premises on a regular basis.
Remote working, or teleworking, is an important step forward towards better family friendly conditions of employment, as well as an improved work-life balance.
With the coronavirus pandemic, many employers felt the need to switch to this method, whether fully or partially. It has since then proved to be an efficient way of working, with several benefits for both the employer and employee.
Employees may benefit from telework arrangements such as:
Employees are not the only ones to benefit from teleworking, as employers save costs and reduce office accommodation space, retain trained employees who might otherwise have to leave for domestic reasons and have the opportunity to engage personnel in locations in which the employer does not have an office.
A teleworking contract may not always be specifically referred to in the employment contract and is often undertaken in the course of the employment relationship.
Where there is no specific reference to teleworking in the employment contract and telework is undertaken in the course of the employment relationship the employee may express the wish to opt for telework and the employer may accept or refuse such request;
If on the other hand the employer makes an offer of telework, the employee is free to accept or refuse this offer, provided that such refusal shall not constitute a good and sufficient cause to terminate employment, nor shall it lead to a change in the conditions of employment of the employee.
Where both parties agree to a telework arrangement, each party shall have the right to terminate the telework agreement, with the employee returning to his pre-telework post.
The employee must also have the same rights of access and rights to participate in training and career development programmes provided by the employer, in the same manner as comparable employees at the employer’s premises. Teleworkers must also be subject to the same appraisal policies as comparable employees.
Teleworkers must also have their privacy respected, with any kind of monitoring system to be agreed upon by both the employer and the teleworker in the written telework agreement.
The employer must compensate or cover the costs relating to communication directly caused by telework, with the employer being responsible for providing, installing and maintaining the equipment necessary for the performance of telework.
Telework may be required as a condition of employment in an employment contract or resorted to by agreement, in the course of the employment relationship.
An agreement for the performance of telework must be in writing. Employees should ensure that their contract contains certain information which is particular to telework, including:
At Empleo, we provide legal advice to employees on all matters outlined above, including advice on the minimum statutory requirements for the determination of working time, rest and break periods and the preparation of employment contracts (and teleworking agreed terms).
Some of our services in this area include the following:
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.