3.6.2021

From Remote to Hybrid Work – What Do Employers Need to Know?

Last spring, many Finns followed authority recommendations and started working from home rather than commuting to the office.  The amount of remote work skyrocketed almost overnight, particularly in consultant and expert work.

As organisations are now beginning to transition back to normal, remote work will no longer be based on emergency circumstances and authority recommendations. The current transition involves a number of noteworthy employment law issues that employers should be aware of.

Agreeing on Remote Work

Remote work is flexible work that is done either full time or part time outside the actual workplace and is based on voluntary, agreed rules. Remote work is subject to the same employment law regulations as work done traditionally at the workplace.

Voluntary remote work does not necessarily require a separate employment agreement. However, we recommend that employers draft written remote work instructions, because in employment relationships of over one month, the employer has a statutory obligation to report the key terms of employment.

Written instructions help avoid ambiguity about the terms of employment. In a dispute, ambiguity is easily interpreted to the detriment of the employer. If unwritten practices continue for a long time, they could become established terms of the employment relationship, and the employer will no longer be able to unilaterally change them.

Remote work instructions should cover at least the following matters:

Can Employees Be Obligated to Work Remotely?

When talking about remote work, the question sometimes arises of whether employers can obligate their employees to work remotely. As a rule, the place of employment agreed in the employment agreement is binding on the employer with respect to remote work. too. 

This means that the employer cannot in normal circumstances unilaterally obligate an employee to work remotely unless this has been agreed in the employment agreement. An exception to this could be if the employer decides to give up a fixed place of business entirely.

This could create production-related grounds referred to in section 7(3) of the Employment Contracts Act. The plan for transitioning to remote work and giving up a fixed place of business would have to be discussed in co-operation negotiations and could be adopted by complying with notice periods.

Remote Work and Equal Treatment

Employers have an obligation to treat their employees equally unless there is an acceptable cause for different treatment based on the duties and position of the employees. Remote work rules and instructions can be different for employees in different positions as long as there are objective and acceptable reasons for different treatment.

Acceptable reasons can include the contents and nature of work duties as well as the kind of work performance.

The employer can also set limits on remote work. For example, the employer can require that there must always be a certain number of employees at the workplace or forbid remote work if an employee refuses to comply with the employer’s remote work instructions.

Remote Work Abroad

Employers are under no obligation to allow remote work from abroad. Employers are entitled to require that their employees work remotely from a location where they are able to return to the workplace within a specified time limit. The employer is also entitled to require that work duties are performed during regular working hours or flexible working hours. Time zone differences do not justify deviating from agreed working hours.

Temporarily working from abroad has no impact on the fact that Finnish employment law is applied to the employment relationship. When remote work from abroad is longer in duration, the employer must determine which country’s employment law is applied to the employment relationship.

It is also extremely important for both the employer and employee to find out in advance how the employee’s social security is determined while working abroad, i.e. which country’s social security provisions apply to the remote work.

Occupational Safety and Health Act and Coping with Work

In remote work, the employer’s ability to supervise employment relationships and employee workloads is limited. This highlights the employee’s own responsibility to ensure, for example, sufficient rest time. The employer should also use, for example, surveys and discussions to remind employees to look after their wellbeing.

The employment accidents insurance taken out by the employer also applies to remote work, but in remote work it is more tied to the workspace than at the actual workplace. This is important to keep in mind and, if necessary, the employer and employee should supplement the statutory accident insurance with a voluntary insurance policy.

Latest references

We assisted Smarter Contracts Ltd in the process where the Finnish Transport and Communications Agency Traficom confirmed it to be an EU-recognised data intermediation service. Non-EU companies must have a legal representative in some EU country so that they can offer data intermediation services in accordance with the Data Governance Act. Smarter Contracts is based in Great Britain and selected Finland for the task. Smarter Contracts is the first non-EU data intermediation service registered by Traficom. Wayne Lloyd, Founder & CEO of Smarter Contracts, remarked:  The support from the Castrén team was exceptional from start to finish. Pioneering new territory is never without its challenges, and as the first non-EU data intermediation service provider, we faced significant legal uncertainties. Despite these complexities, the Castrén team expertly guided us through each step with remarkable efficiency, providing the certainty we needed. Smarter Contracts leverages its proprietary Pulse Permissions Protocol® to deliver advanced consent and access rights management services. This milestone highlights Castrén & Snellman’s proficiency in navigating intricate regulatory landscapes, whilst recognising the relevance of Smarter Contracts’ innovative approach to secure, compliant data management.
Case published 11.12.2024
We assisted Pharmaca Health Intelligence in its acquisition of Mediaattori Ltd’s PODIUM Connect® and PODIUM Visits businesses. Through the acquisition, Pharmaca Health Intelligence strengthens its extensive service offerings in medical information, data-driven management, and education for both healthcare and pharmaceutical companies. Pharmaca Health Intelligence is a pioneer in digital medical information and a reliable partner for wellbeing services counties, the private healthcare sector and pharmacies. The company invests in the development of technology and service solutions related to pharmaceutical information, also on an international scale.
Case published 5.12.2024
We advised Gasum Oy in its acquisition of 100% of the shares in Hærup Biogas ApS, which owns and operates a biogas plant in the northern part of mainland Denmark. This acquisition marks Gasum’s first biogas plant in Denmark, expanding its biogas production portfolio. Gasum’s strategic goal is to bring seven terawatt hours of renewable gas to the Nordic market yearly by 2027. The acquisition is one step towards achieving the strategic goal. Gasum is a Nordic gas sector and energy market expert. Gasum offers cleaner energy and energy market expert services for industry and for combined heat and power production as well as cleaner fuel solutions for road and maritime transport. The company helps its customers to reduce their own carbon footprint as well as that of their customers. 
Case published 3.12.2024
We are advising Helkama-Autokauppa Oy in the acquisition of the Škoda dealerships in Helsinki and Tampere from Hedin Automotive Finland. The transaction is subject to regulatory approval. Helkama-Autokauppa Oy operates as an independent dealer in the dealer network of Helkama-Auto Oy, the Finnish importer of Škoda cars, spare parts and accessories.
Case published 3.12.2024