Global construction projects are often complex and entail the participation of many partners. Remote working arrangements are becoming more prevalent in the construction and architecture sector, especially on collaborative projects. These projects can be managed using consortium or other contractual arrangements whereby various shareholders or partners undertake the project’s delivery either at fixed costs or on a cost-plus basis. The scope of this sector is very wide, including (but not limited to) the construction industries in China, the UK, the US, Australia, Europe and Africa. The scope may extend to cover the Middle East and Asia as well, depending on the project. Remote work agreements cover both the contractor’s and subcontractor’s employees and may include expatriates and local hires.
Only a few years ago, remote working may have seemed as a short-term, temporary arrangement but now the concept has evolved and the work environment has incorporated it into its broad frameworks. Remote working has become a common working model. Employers must procure and procure the proper resources and training to ensure compliance with laws and regulations. How to implement remote workers? In today’s workplace, many employers have worked remotely prior to the pandemic. In fact, many employers had remote employees long before COVID-19 affected the world. Now, even more employers have remote employees. Like it or Not, Remote Work is Here to Stay. Globalization has provided many of us with the ability to work remotely if we have the technological resources that we need (e.g., a computer with internet capabilities). Businesses are more inclined to allow remote working if they have a legal, accounting, finance and technology management team in place. Such an infrastructure offers the support that is needed for remote employees to give their best. Pandemic or no pandemic, if employers want to continue with the model of remote work, they must consider various aspects of their workforces and environments. This requires the enormous task of managing employees who may or may not be in the same location and time zones. Such tasks include (but are not limited to) welfare and moral considerations. For example, employers may wish to offer to their employees benefits such as leisure activities so that they can manage their welfare needs. By doing this, employers are acknowledging the welfare needs of their remote employees. Employees may also wish to take advantage of the possibility to improve skills through online work-related courses or earn other formal qualifications.
From a legal perspective, the remote working model requires certain considerations and accommodation of various approaches. When drafting and finalizing remote work agreements, the following should be taken into account: Not All Remote Working Agreements are Created Equal. Tailoring the above items to meet the needs of a specific market is important due to the wide range of degrees of recognition of remote working conditions. This includes the competence of local authorities and effectiveness of their legal systems. Add to that the variety of ways in which obligations may be discharged, and you have a diverse set of circumstances that may arise. Inconsistency in external factors may also result in a lack of protection for the employees. This can be the case where the local authority has not understood and do not recognize the remote worker’s obligations from the relevant country where the employment took place. A local authority may also be unaware of what the benefits are for the employee and tracing the origins thereof may be an arduous task. A sample remote work agreement can be a Useful Guide. Because of the universal nature of global construction projects, a sample remote work agreement may provide valuable assistance in the process of developing a fair, cost-effective and successful project. Many employers will already have worked with a sample remote work agreement in drafting their first agreement. A company can save time by using an appropriate sample agreement to expedite the drafting process. Conducting the right research prior to using a sample remote work agreement, can provide the company with the right conditions for a successful project. It is important to keep in mind the distinction between the different approaches within each jurisdiction. While an appropriately drafted sample remote work agreement can save the project time and costs, there is no sticking point where the relevant laws and statutes governing the location may not offer protection for workers. This means that companies have to conduct research on the applicable legislation and interpret these correctly. If a company is not used to dealing with such situations, regulatory and legal non-compliance may pose a risk.
