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The widespread adoption of hybrid working arrangements has raised new questions for employers, including whether different on-site attendance requirements may be established for employees, teams or business areas.
In an article published in RH Magazine, Carolina Hecker, Principal Associate in the Labour practice at CCA Law Firm, examines the circumstances in which different on-site working arrangements may be adopted and the criteria employers should consider to ensure that any distinction is objective and legally justified.
In this context, she notes that “the adoption of a hybrid working model does not necessarily mean that all employees within an organisation must be entitled to the same number of remote working days.”
The article highlights that any differences should be based on the actual duties performed or on specific organisational and operational requirements, while complying with the principles of equality and non-discrimination and being applied consistently to employees in comparable circumstances.
Carolina Hecker also highlights the importance of reviewing existing remote working agreements before changing on-site attendance requirements, as the employer’s ability to implement such changes will also depend on the terms individually agreed with each employee.
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- RH MAGAZINE