Workplace Rights in the Digital Age: Remote Work, Legal Frameworks and International Labour Organization Standard

Workplace Rights in the Digital Age: Remote Work, Legal Frameworks and International Labour Organization Standard.

By Ogunmodede Bright

Abstract

The advent of remote work was accelerated by global events such as the COVID-19 pandemic, which  transformed the traditional employment landscape, as organizations increasingly embrace remote work arrangements, it becomes paramount to understand the implications for both employees and employers. This article explores the  dynamics of employee and employer rights, with a focus on aligning practices with the standards set forth by the International Labour Organization (ILO), it examines the rights of remote employees, it explores the responsibilities and rights of employers in a working environment this includes addressing concerns related to monitoring, emphasizing the importance of adhering to international labour organization principles, such as those outlined in the International Labour Organization Declaration on Fundamental Principles and Rights at Work, to uphold the dignity and right of employees, it discusses the legal issues surrounding remote work across various jurisdictions, highlighting the need for a harmonized approach to labour standards.

Introduction

Remote work allows employees to perform their tasks from anywhere, using digital tools, it is the practice of employees doing their jobs from a location other than a office operated by the employer. COVID- 19 pandemic forced organizations to adopt remote work rapidly to ensure business continuity while adhering to social distancing measures, this sudden shift highlighted the feasibility and benefits of remote work, including reduced health risks, lower cost and increased productvity. Remote work is on the rise because it offers benefits for both employers and employees alike, reducing commuting time and costs, promotes inclusivity by enabling employment of individuals in diverse locations, and can lead to increased productivity and job satisfaction, it promotes business continuity by providing resilience against disruptions such as pandemics or natural disasters, remote work is vital for fostering a modern, adaptable and efficient work space.

Remote work  provides employees with job satisfaction, better health, increased work life and less stress, but they also benefit employers through higher productivity levels, decreased turnover. One of the critical reasons why remote work is important is because it affords professionals with disabilities more equal opportunities to get jobs they are qualified for, there are fewer accessibility issues with remote work, and employers can recruit from a global and more diversified talent pool, leading to a highly skilled and inclusive workforce.

Parties In An Emploment Relationship

In a work relationship there are typically two parties involved, the employer and the employee. The employer is the entity or individual that hires the employee to perform specific tasks or services in exchange for remuneration. The employee  is the individual who agrees to perform these tasks or services for the employer in return for payment, benefits, and other considerations as outlined in the employment agreement. This relationship forms the foundation of the workplace dynamic, with each party having rights also responsibilities.

Duties Of An Employer

Employer is the party saddled with the responsibility of entering into a contractual relationship with individuals to carry out tasks and duties within the organization. They offer remuneration, benefits, and cultivate a productive work environment, employers oversee operations, manage resources. The employer is an authoritative figure that employs and pays individuals for their labour, an employer is the entity that sets employment terms and prepares a relevant contract.The employer is saddled with certain duties, this duties are:

1. Duty to Remunerate
2. Duty to Provide Resources and Equipment
3. Duty to Indemnify the Employee

1.Duty To Remunerate:

The duty of the employer to pay salaries and remunerations to the employee is a fundamental aspect of the employment relationship and is typically governed by labour laws and employment contracts. It is generally accepted that the most significant consideration which an employer may give to an employee in return for work performed or services rendered to the employer is the employee’s monetary remuneration in terms of salary or wages in legal tender, It will amount to a breach of contract, giving rise to an action for damages or debt, for an employer to refuse or fail to pay agreed remuneration. ADERONKE AKINDELE v NET CONSTRUCT NIG LTDNICN/LA/559/2017: Claimant who was in Dubai, residing and working, had to return to Nigeria to take up the appointment as a procurement specialist with the Defendant via an Offer of Appointment letter of which she resumed duty, on an annual remuneration. Claimant worked diligently but within one year of the employment, her expectations were not met and she had to tender her resignation after being ‘advised to resign’, and gave the Defendant 4 weeks’ notice of resignation in an e-mail letter. Claimant maintained that her said resignation was accepted and that she handed over the Defendant’s documents and working tools in her possession, as indicated in the email. The court held that Defendant is liable for breach of employment terms and hereby ordered to pay to the Claimant the sum of N763, 912.00( seven hundred and sixty three thousand nine hundred and twelve naira), being the amount of the salaries owed to the Claimant for the months of November and December 2016 and January 2017, being the balance sum after deduction of the sum of N381,956.00 representing ‘one month salary in lieu of notice’ of resignation which the Claimant has been adjudged to have failed to properly issue and serve out, while exiting the Defendant’s employment by resignation.

2. Duty To Provide Resources And Equipment:

There is no particular answer to the question of whether employers are bound to provide equipment or resources for remote workers. It depends on a number of factors, however Employers are responsible for providing remote employees with the necessary equipment, software, and resources to perform their job effectively. This may include providing a computer, internet access and any specialized tool required for the job.

4. Duty To Idemnify The Employee:

Employer has the duty to indemnify employees for liabilities that arise during the course of the reasonable performance of their duties, if the employee has failed to take reasonable skill and care in carrying out their duties, the duty of indemnification would not apply. The employer, is not required to indemnify an employee against liability for his or her own negligence. If an employee by negligence injures a third party in the course of his or her employment and is sued by the third party, the employer is not liable to indemnify the employee.

Duties Of An Employee

Employee is someone engaged by an employer to execute particular tasks or services in return for renumeration usually according to the terms set out in an employment contract, they contribute their skills and time to fulfill their designated responsibilities within the company. The employee is an individual who is paid for work completed by the standards of the company or employee, if the company controls how the work is completed, the worker is considered an employee. The employee are saddled with certain duties, this duties are;

1. Duty To Obey
2. Duty To Cooperate
3. Duty Of Fidelity
4. Duty of Care

1. Duty To Obey:

The fundamental duty of the employee is to carry out his duties in obedience to the reasonable and lawful order of his employer. Breach of this duty by an employee, usually, attracts the penalty. NWOBOSI v A.C.B (1995)6 N.W.L.R(pt 404)658: The Appellant was employed by the respondent bank. He was dismissed summarily for disregarding the respondent’s express instruction on loans and advances. The Supreme Court held the dismissal was not wrong. The employee is legally expected to discharge his duties in obedience to the reasonable and lawful order of his employer.

The order which an employee is contractually bound to obey must be lawful and reasonable, It  is unlawful to order an employee to do job which is outside his contractual responsibility, an act of disobedience may not automatically justify a dismissal unless the act of disobedience amounts to a repudiation of the fundamental terms and condition of the contract of employment.

2. Duty To Cooperate:

The duty to cooperate requires an employee to discharge his contractual duties in a manner that promotes the employment, while this duty does not impose a positive obligation on an employee to do more for his employer than his contract requires. However, demand that an employee should execute his contractual obligations so as not to willfully obstruct the business of his employer to act conversely will amount to a breach of contract.

3.Duty Of Fidelity:

Fidelity in the context of an employee’s duty to their employer refers to the obligation to act honestly, loyally, and in the best interests of the employer. This duty is rooted in the principle of good faith and fair dealing, employees are expected to refrain from activities that could harm the employer, such as competing with the employer, or engaging in conflicts of interest, disclosing confidential information of the company.

4. Duty of Care:

Employee owes his employer a contractual duty to exercise reasonable care in the performance of his contractual obligations. Thus, where an employee’s negligence in the course of his employment, has resulted in damage to third party and his employer has been made vicariously liable for the damage, the employer can recover the damages from the  employee as a breach of his contractual duty of care.

Legal Frameworks

Legal framework refers to the set of laws, regulations, and policies that govern the rights, obligations, and working conditions of employees and their employers within a particular jurisdiction. This framework covers aspects such as employment contracts,  It ensures compliance with legal requirements and provides clarity and protection for both employers and employees engaged in an employment relationship. The legal framework and legality of remote work would be reviewed in the jurisdictions below

1. Nigeria
2. United States Of America
3. United Kingdom

 Legal Framework In Nigeria

In Nigeria, labour laws are primarily governed by the Labour Act, this legislation provides certain protections for both employees and employers. While the Labour Act does not explicitly address remote work, it does encompass fundamental employment rights that apply to remote workers. These include the right to a safe working environment, fair wages, and protection from discrimination, right to participate in trade union activities, right to sick leave, maternity leave, annual holiday, among others. Employer and Employee relationship is governed by the terms of employment contract which stipulates in detail the terms of engagement of the parties subject to the statutory rights guaranteed under the Nigerian law.

Legal Framework In The United States Of America

There’s no specific law governing remote work primarily, There are series of law guiding labour practices in the United States Of America, In a contractual relationship all that’s necessary is the remote work must comply with the basic laws which are: Fair Labor Standard Act, Occupational Safety and Health Act and Federal Employees Conpensation Act among others.  These laws are enforced and administered by the United States of America department of labor

The Fair Labor Standard Act prescribes standards for wages and overtime pay, which affect most private and public employment. The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Occupational Safety and Health Act is administered by the occupational safety and healthy administration, pursuant to the Occupational Safety and Health Act the employer is saddled with the responsibility to provide a workplace free from hazards, the administration enforces the act through inspection or investigation where the need arises. The federal employee compensation act, establishes a comprehensive and exclusive workers’ compensation program which pays compensation for the disability or death of an employee resulting from personal injury sustained while in the performance of duty. Though this laws doesn’t entails remote work, it provides for the right and entitlement of a worker in any employer employee relationship.

Legal Framework In The United Kingdom

In the United Kingdom, remote work legislation does not exist as a separate legal entity but is intertwined with existing employment laws. Employers must adhere to the employment rights Act 1996, which outlines the rights of employees, including those working remotely.The Health and Safety at Work etc. Act 1974 also applies, requiring employers to ensure the safety of all employees, regardless of their work location. The Equality act of 2010 provides that no worker should be discriminated and there must be equal opportunities and treatment among the workers. Employers of labour must provide and ensure the safety, welfare of there employees even when working remotely, this includes conducting risk assessments of the home working environment to identify and mitigate potential hazards.

Intenational Labour Organization Standard

The International Labour Organization (ILO) has recognized the significance of remote work and its evolving nature, especially in the wake of technological advancements and the global COVID-19 pandemic. In response to the COVID-19 pandemic, the International Labour Organization issued a series of reports and guidelines that address the challenges posed by remote work. The report titled working from home: invisibility to decent work premised that Home work is defined by the International labour Organization as “work carried out by a  persom (i) in his or her home or in other premises of his or her choice, other than  the workplace of the employer (ii) for  remuneration (iii) which results in a product  or service as specified by the employer, irrespective of who provides the equipment,materials or other inputs used.

The International Labour Organization recommendation 195 on Human Resources Development: Education, Training, and Lifelong Learning highlights the importance of lifelong learning and skills development for workers, ensuring they remain competitive and adaptable in a rapidly changing job market. One crucial international labour organization instrument related to remote work is the International Labour Organization recommendation, A recommendation of the International Labour Organization which outlines the fundamental principles for establishing and maintaining a decent working relationship, which is applicable to remote work situations. It emphasizes that remote workers should enjoy the same rights and protection as on site workers, including aspects of employment contracts, working conditions, and social protection. International Labour Organization. The tripartite declaration of principles concerning multinational enterprises and social policy encourages multinational companies to adhere to ethical labour practices, including those concerning remote work arrangements, It highlights the importance of equal treatment for all workers, regardless of their location and emphasizes respect for the rights of  workers.

While the International Labour Organization doesn’t have a dedicated convention solely focused on remote work, its existing conventions, recommendations and declarations provide a comprehensive framework for addressing the rights and working conditions of workers. These instruments prioritize equality, social protection, and the preservation of workers’ rights, regardless of their work location.

Reccomendations

Traditional labour laws have become outdated and often fail to address the complexity of modern employment, particularly with the rise of remote work. Current labour laws are  vague and no longer align with today’s work environment, these laws should  either be repealed or thoroughly reviewed to incorporate contemporary employment practices also  address issues specific to the 21st century, such as digital communication, flexible work hours and the technological infrastructure that supports remote work and workers. Forstering equality and smooth running of operations, the dichotomy between remote workers and on site workers should be eliminated, remote workers should receive same benefits corresponding other workers.  Incorporating remote work regulations into labour laws will also help manage and maintain  the responsibilities of  both employers and employees, this includes clear guidelines on working hours, overtime, health and safety measures, right to be discreet, protection of classified information from third parties to ensure a perfect work life between the employer and the employee.

Conclusion

The coronavirus set the pace for remote work establishing it merits and demerits. Effective legislations is required to ensure the equitable treatment of remote  workers navigating this policies regarding remote work are crucial and need to be enacted, establishing guidelines on work hours, overtime, payment of remuneration, tax deductions among others. The International Labour Organization is to provide a convention,enacting a  treaty among member states that can guide the development of a successful remote work legislation, emphasizing the principles and standards of the organization, applying this standards helps in mitigating work life imbalance. The working from, invisibility to decent work report serves as a case study highlighting the need for the regulation that promote remote work, the report underscores certain issues involving personal life and work life, payment also gender inequalities. The dynamic shift towards remote work necessitates effective legislation that leverages the International Labour Organization principles, by enacting  laws that ensure fair treatment, clear guidelines, and protections for remote workers. Creatimg a balanced and sustainable remote work environment is important this approach not only beneficial  but also enhances productivity establishing the way for a more resilient and equitable future of work.

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