In the midst of the Covid-19 pandemic, there was a significant change in the working model of many companies. Working from home has become a reality. However, there are doubts about the rights of the company and the worker in this case, such as overtime teleworking.
In Brazil, according to a study by the National Trade Confederation, teleworking grew by 30%.
In some cases, working from home, some employees end up dedicating even more hours of their day to company tasks than when they are physically in the organization. The big question there is about that overtime in telecommuting.
- Is the employee who spends more time dedicated to his duties entitled to overtime?
- How can the company measure this time?
- ÇHow do I know if the job my employee is doing is home office or teleworking?
Before talking more about teleworking to answer these questions, we need to make it clear that teleworking is different from home-office.
Each of them has its own characteristics, including in view of the 2017 labor reform, where one is clearly mentioned and the other is left out. We will talk later about the differences between them.
In this article then we will talk about:
- What is telecommuting?
- Teleworking: What does the law say?
- Overtime telecommuting: does it exist?
- Where does teleworking take place?
- Ways of operating teleworking
- What are the differences between telecommuting and home office?
- Which sectors are betting on teleworking?
- Teleworking and market flexibility
What is telecommuting?
Teleworking or remote work is a term used to describe work that is done at a distance. In this modality, the employee uses technology and communication to perform his duties outside the company headquarters.
It is believed that the term telework or telecommuting, in English, appeared in the 70s.
The story goes that it was a reflection of the oil crisis, where companies began to choose to let their employees work remotely to avoid travel expenses.
Teleworking: What does the law say?
Teleworking in Brazil was regularized after the Labor Reform (Law 13.467 / 17). Check out what the CLT law says, article 75-B about teleworking:
Article 75-B. Teleworking is considered to be the rendering of services predominantly outside the employer’s premises, with the use of information and communication technologies that, by their nature, do not constitute external work.
In his other articles and items there is a quote about the mandatory individual contract for teleworking, specifying all activities to be carried out by the employee in the period.
It is called the contractual addendum, based on an agreement between the parties. The law also provides that the employer can change the teleworking regime to face-to-face, as long as it guarantees the transition period, which is at least 15 days.
The contract must also contain all details about the supply or maintenance of technological equipment that the employee will use in teleworking.
Overtime telecommuting: does it exist?
After all, is there a mandatory overtime in teleworking or not? The answer is no. However, this does not mean that no company pays for overtime in teleworking.
The big issue is that overtime in teleworking is not present in the law, so the company can refrain from paying an additional amount to employees who work in this regime.
This is mainly because there is no possibility to measure the workday of the collaborator, that is, his workload for the day.
However, this does not prevent the company from creating a system to monitor the “start” and “end” of remote work. In fact, many opt for this type of procedure to adhere to overtime teleworking in their routines.
Virtual point systems are examples of types of point control so that this journey can be monitored. In this case, the company needs to make it clear to the employee whether or not there will be this overtime pay in telework.
Where does teleworking take place?
We already know that this modality is performed at a distance and the location where the employee will perform the tasks does not influence overtime teleworking. To be configured as teleworking, all that is needed is the use of information and communication technologies.
We can mention three possibilities in terms of location related to teleworking: nomad, home or telecenters.
- Nomadic: the employee works every hour from a different place. There is no rule or fixed place for him to perform his duties. It is a mobile job without the presence of a fixed job;
- Residence: this is the most common and occurs when the employee works from home, using the telematic mechanisms, that is, remote communication;
- Telecentre: in this case, the company uses establishments outside its headquarters so that employees are allocated to carry out the tasks. Places that do not necessarily need to belong to a company that, in this case, only uses the space itself for professionals to carry out their activities.
Ways of operating teleworking
The flexibility of teleworking brings with it some distinct forms of action. The author Denise Fincato divides telework by interactivity levels. According to her, teleworking can be divided between:
- Offline: here the employee relies on technology as a tool to deliver or send his work to the company at a given time, previously agreed between the parties;
- One way line: in this model, software is the means by which the company and the employee will communicate for the delivery of certain tasks pre-defined by the organization in agreement with the employee;
- Online: constant, immediate and bidirectional communication is carried out, with the participation of the company and the employee. In this case, we can highlight teleconferences, online meetings and so on. This means that the employee is constantly connected to the company by means of technology and communication.
What are the differences between telecommuting and home office?
As we said at the beginning of this text, teleworking is different from home office. The first difference between them is that teleworking has been officially present in labor legislation since 2017, while home-office is not mentioned.
We can also differentiate them on the following points:
- There is flexibility in the workday x Home office – the employee must complete the workday as if he were working in person;
- It needs to be included in the contract, as a contractual amendment x Home office – exempts the need for this “officialization”;
- The health and safety rules are the responsibility of the employee x Home office – the employer assumes the same responsibilities in force in relation to face-to-face work;
- Specific rules present in the labor legislation x Home office – follows the rules of face-to-face work;
- The transition from this regime to the face-to-face must take place in at least 15 days x Home office – occasional work or in emergency cases without a predetermined period for adherence or change.
We can also emphasize that the home office can be interpreted as a work model used in specific situations. Therefore, it follows the same rules as in-person work, as there is no specific rule for this activity.
Teleworking, on the other hand, must follow the labor laws specific to this model of work.
If you want to know more about home office read our article on the topic: ‘Home office benefits for the company and how to implement it ‘.
Which sectors are betting on teleworking?
Even though there is no overtime in teleworking, several of the main sectors of the market have already adopted teleworking.
Teleworking before the law requires the use of information and communication technologies for the provision of its services.
This means that in order to configure teleworking outside the company’s physical facilities, these two attributes by nature are necessary.
Therefore, companies from the most diverse segments adopt this type of working model. We can highlight some areas that use telework a lot:
- Service providers (journalists, reviewer, marketing professionals and IT);
- Project development;
- Sales areas (brokers and telesales in general).
One survey of Catho showed that the number of vacancies in teleworking had a significant increase in the pandemic, being that the areas that most offered vacancies were:
- Call center operator – 2,015% growth;
- Relationship consultant – 845% growth;
- Customer Service Analyst – 127% growth;
- Programmer – 55% growth.
Teleworking and market flexibility
Teleworking, after its officialization in the labor legislation, allowed companies and employees a good alternative to traditional work models.
In addition to allowing greaterflexibility at work, it brought savings for companies, especially if we think about the company’s structure and displacements.
However, regarding the specific issue of overtime in teleworking, there are still countless doubts that we have tried to resolve throughout this article.
The truth in the case of overtime telecommuting is follow common sense. This means that there must be some kind of concrete negotiation between the company and its employees.
Since it is possible to prevent them from becoming overwhelmed and working beyond their journey without gaining anything more.
In that case, it is important to give a guideline either for the employee to fulfill the workday exactly or for a negotiation if this time is exceeded.
Innovate not to lose talent in the company
In order to have the best talents in your company, the negotiation of overtime telecommuting is very important. But besides having a fair remuneration policy, facilitating employees’ access to wages and even allowing for anticipation is also a strategic benefit.
This is the proposal of the HR Consultants UKy. The tool that is changing the way employees deal with their wages and generating more satisfaction and motivation at work.
HR Consultants UKy can be one of the most valued benefits for those who work at your company. Talk to an expert and learn more!
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