Work has changed a lot since the pandemic. Many people now work from home or split time between home and the office. This is called remote or hybrid work. These new ways of working give employees more freedom, but they also bring legal challenges for companies. HR professionals, legal teams, policymakers, and remote-first companies need to understand these issues to keep workplaces fair and safe. This blog explains the key legal aspects of remote and hybrid work, focusing on health and safety, working hours, and jurisdictional compliance.
Health and Safety in Remote Workspaces
Companies must keep employees safe—even when they work from home. This is challenging because employers can’t control home setups the way they do office environments. Laws in many countries require companies to ensure home workspaces are safe.
For example, in the United Kingdom, the Health and Safety at Work Act 1974 says employers must make sure home offices have proper desks, chairs, and equipment to prevent injuries like back pain or eye strain. Employers may need to provide ergonomic equipment or offer guidance on how to set up a safe workspace.
Some countries require home office inspections. In the UK, employers can use video calls to check desk setups and lighting, following Health and Safety Executive guidelines. In Germany, the Workplace Ordinance requires similar checks to prevent physical injuries. Mental health is also a key concern. Remote work can lead to loneliness or stress. In the European Union, the Framework Directive on Safety and Health at Work requires employers to consider employees’ well-being. In Australia, the Work Health and Safety Act 2011 requires companies to address risks like burnout.
Failing to meet these obligations can result in fines or lawsuits. HR teams should develop clear policies to help remote workers stay safe—both physically and mentally.
Fair Hours for Remote Workers
Remote work can blur the line between personal time and work hours. Employees might answer emails late at night or unintentionally work overtime. Many countries have laws to protect workers from overworking.
In France, the Right to Disconnect law (2016) allows employees to ignore work messages outside of working hours to ensure proper rest. In Spain, the Remote Work Law (2020) requires companies to track employee hours and respect a 40-hour workweek limit.
Some laws also regulate overtime. In the United States, the Fair Labor Standards Act states that remote workers must receive overtime pay for working more than 40 hours per week. In Australia, the Fair Work Act 2009 provides similar protections for eligible remote workers.
Tracking hours can be difficult when employees work across time zones or on flexible schedules. In the EU, the Working Time Directive sets a maximum 48-hour workweek—even for remote employees. Companies need tools to monitor working time and ensure that employees take adequate breaks. Otherwise, they risk violating labor laws and facing financial penalties.
Remote work allows employees to live and work from different cities, states, or even countries. This creates a challenge known as jurisdictional compliance, where companies must follow the laws of the employee’s location.
In the U.S., for example, a California-based employee working for a New York company is subject to California’s labor laws, including its rules on overtime. In Canada, each province has different standards. The Employment Standards Act, 2000 governs remote work in Ontario, including hours, wages, and rest periods.
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Companies often need tailored employment contracts based on the employee’s location. In British Columbia, Canada, a worker’s contract must align with local employment rules. In the EU, the Posted Workers Directive may apply if a remote worker is based in another country—requiring companies to align contracts with that country’s laws.
Cross-border workers bring even more complexity. For example, Germany’s Mobile Work Act (2021) states that German labor law applies even to employees working abroad. Companies may also need to manage international tax treaties to avoid double taxation. Getting this wrong can result in fines or lawsuits. That’s why many legal teams hire experts to help navigate global compliance.
Remote and hybrid work aren’t going away. Employees value the flexibility, and companies want to keep up. But these modern work models demand updated legal frameworks to protect both workers and employers.
HR professionals, legal teams, and policymakers must collaborate to create clear guidelines. Remote-first companies, in particular, need to stay ahead of evolving legal requirements. By understanding health and safety, fair working hours, and jurisdictional compliance, companies can create safe, fair, and legally sound workplaces—no matter where their employees are.