Remote Working Agreement - Template, Sample Form Pro · IE-law

REMOTE WORKING AGREEMENT
(Variation to Contract of Employment)

Employer's name: ________
Employer's registered address:
________
Company registration number (where applicable): ________

Employee's name: ________
Employee's address:
________

Date: ________

Re: Remote Working Agreement – Variation of Contract of Employment

Dear ________,

This letter, when signed by both Parties, serves to confirm the agreed variation of the written statement of terms of employment / Contract of Employment (dated ________) between:

________ ('the Employer')

and

________ ('the Employee'), (________)

in respect of the following Article/Clause of the Contract of Employment: ________, which is entitled 'Place of Work'.

This Agreement is made having regard to the Terms of Employment (Information) Acts 1994 to 2014, the Employment (Miscellaneous Provisions) Act 2018, the Work Life Balance and Miscellaneous Provisions Act 2023 (including the statutory right to request remote working), the Safety, Health and Welfare at Work Act 2005, the Organisation of Working Time Act 1997 and the Data Protection Acts 1988 to 2018 together with the General Data Protection Regulation (EU) 2016/679 (the 'GDPR').

Pursuant to the Employee's request, dated ________, the Employer and the Employee (hereinafter 'the Parties') have agreed to this variation to the Contract of Employment dated ________ (hereinafter 'the Contract of Employment') existing between the Parties.

Please sign this Agreement to confirm your assent to the variation of the Contract of Employment and return it to the Employer at your earliest convenience.

BACKGROUND

1. This Remote Working Agreement is entered into by ________ of ________, and ________ of ________.

2. ________ shall hereinafter be referred to as 'the Employer' and ________ shall hereinafter be referred to as 'the Employee'.

3. 'The Parties' shall denote both the Employer and the Employee.

4. The Parties have been in a relationship of employer and employee regulated by a Contract of Employment, executed on ________, since ________. In their employment with ________, the Employee has performed the role of ________.

5. The purpose of this Remote Working Agreement is to vary the terms of that Contract of Employment in respect of the Employee's Place of Work, to define the Employee's remote working arrangement and to impose related obligations on the Parties to facilitate the successful performance of that Contract of Employment, notwithstanding adjustments arising from remote work.

§1. VARIATION TO CONTRACT OF EMPLOYMENT

1.1. Save for the variations expressly articulated in this Agreement, the Contract of Employment dated ________ existing between the Employer and Employee remains unchanged and in full force and effect. The core terms of the Contract, including but not limited to:

(a) Employee remuneration;
(b) Working hours;
(c) Contract duration;
(d) Sick pay (including any entitlement under the Sick Leave Act 2022);
(e) Pension scheme,

are in no way altered by the contents of this document.

1.2. The variation here described pertains exclusively to the Employee's 'Place of Work' as defined in the following Article/Clause of the Contract of Employment dated ________: ________. Minor changes in work practices which may arise as a natural corollary of the variation to the Employee's workplace are dealt with in §6 below.

1.3. The Employee, in reading and signing this document, acknowledges and accepts that they remain bound by the terms and conditions of employment as expressed in the existing Contract of Employment dated ________, including all applicable workplace policies, procedures and practices. A failure to observe these requirements may result in the termination of this Remote Working Agreement and, in some cases, further disciplinary action in accordance with the Employer's disciplinary procedure and the principles of fair procedures and natural justice.

§2. PLACE OF WORK

2.1. It has been agreed by the Parties that the designated 'Place of Work' for ________, as defined in Article ________ of the Contract of Employment, will cease to be the Employer's main offices at:

________

2.2. Henceforth, the designated 'Place of Work' from which the tasks and duties of employment are to be performed is the Employee's home address at:

________

2.3. The Employer reserves the right, from time to time, to require the Employee's attendance at other specified locations, which include but are not limited to the Employee's original workplace, where it is reasonable and practicable to do so and on reasonable notice.

2.4. The Employee may, from time to time and subject to the prior written agreement of the Employer, perform their work from another location, provided they comply with the obligations of remote work laid out in this Agreement and provided such location remains within the State for tax, insurance and data protection purposes unless otherwise agreed in writing.

§3. COMMENCEMENT

3.1. The new working arrangement shall take effect as of ________.

§4. DURATION OF REMOTE WORKING ARRANGEMENT

4.1. This Remote Working Agreement is subject to an initial Trial Period of ________ (________) weeks. The purpose of this Trial Period is to enable the Employer to assess the effectiveness of remote working in meeting the reasonable requirements of the Employer as set out in the original Contract of Employment (dated ________). Upon the expiration of the Trial Period, the Employer, in consultation with the Employee, will review the efficacy of the remote working arrangement.

4.2. The efficacy or effectiveness of the remote working arrangement will be evaluated in consideration of, but not limited to, the following factors:

(a) the quality of the business product or service delivered by the Employee during the period of remote working;
(b) the effectiveness of communication and coordination between staff;
(c) the effect of remote working on the distribution of work between staff;
(d) the Employee's health and safety during the period of remote work; and
(e) the Employee's handling of ________ data while working remotely.

4.3. Upon the expiration of the initial Trial Period, the Employee will be informed in writing of one of the following outcomes:

(a) the Trial Period successfully demonstrated the effectiveness of the remote working arrangement and, as such, it will continue for the duration of the existing Contract of Employment;
(b) the Trial Period was inconclusive in determining the effectiveness of the remote working arrangement, in which case the Trial Period is extended for a further ________ (________) weeks; or
(c) the Trial Period demonstrated that, in the case of ________, remote working is not a suitable arrangement for the effective performance of their employment, in which case this Remote Working Agreement is terminated and the Employee must return to their original Place of Work as specified in their Contract of Employment.

4.4. The Employee has the right to appeal a decision to terminate this Remote Working Agreement following the Trial Period. The appeal must be made in writing and furnished to ________, ________, within ________ (________) days following receipt of notice to terminate this Remote Working Agreement. Any written appeal must enumerate the grounds on which the Employee is seeking a review of the decision to terminate.

4.5. If the Employee's appeal has been heard and refused on reasonable business grounds, the Employee has the right to make a further request for remote working ________ (________) months following the termination of this Remote Working Agreement, in accordance with any applicable statutory provisions then in force.

§5. TERMINATION OF REMOTE WORKING AGREEMENT

5.1. This Remote Working Agreement is terminable by the Employer on ________ (________) weeks' written notice, and by the Employee on ________ (________) weeks' written notice. Termination of this Remote Working Agreement does not affect the continuation of the Contract of Employment, which shall remain in full force and effect.

5.2. Upon termination of this Remote Working Agreement for any reason, the Employee shall return all Employer equipment, data and confidential information to the Employer and shall resume work at the original Place of Work specified in the Contract of Employment.

§6. EMPLOYEE'S OBLIGATIONS WHEN WORKING REMOTELY

The Employee's remote workplace must be appropriately designed to be conducive to the effective performance of the tasks and duties assigned.

6.1. Operational

(a) the Employee's work environment must be suitably quiet and free from distraction;
(b) it must be equipped with an adequate desk and chair, ergonomically arranged to enable the Employee to conduct business in a safe, productive and efficient environment;
(c) the Employee's work environment must enjoy adequate lighting and heat; and
(d) the Employee's work environment must have a consistent and reliable internet connection.

6.2. Health and Safety

(a) the Employee, when working remotely, is responsible for cooperating in the maintenance of a safe working environment and must take reasonable care to safeguard their own health, safety and wellbeing and that of others;
(b) specifically, the Employee must observe their obligations under the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (including the Display Screen Equipment provisions at Chapter 5 of Part 2 and Schedule 4);
(c) the Employee must participate, when requested, in any health and safety training offered by the Employer;
(d) ________ is not liable for accidents occurring outside the scope of the Employee's employment; and
(e) any accident or 'near miss' incident should be reported to Human Resources in line with the existing company policy contained in the Employee Handbook.

6.3. Risk Assessment

The Employer reserves the right to conduct a risk assessment of the Employee's proposed work environment to establish the suitability of that environment in light of the organisation's data protection policy, IT and cyber security policy, and legislative health and safety standards. Should the Employer deem such an assessment to be necessary, the Employee will be given at least ________ (________) days' notice in advance of the assessment, and any such assessment shall be conducted with due respect for the Employee's privacy.

6.4. Professionalism

Employees working remotely remain bound by company policies, procedures, codes of best practice and ethics.

The Employee, in signing this Agreement, commits to the following:

(a) to apply their full attention and efforts to the effective conduct of their role within the assigned working hours;
(b) to remain visible within the organisation, participate in group meetings and events and foster the organisation's identity;
(c) to engage in any training requested, where reasonable and practicable, in particular in relation to matters such as remote access, IT and data security; and
(d) to maintain adequate communication with colleagues and, where appropriate, to coordinate schedules to allow for collaboration.

6.4.1. Performance Management

The Employee's progress and productivity may be monitored when working outside the office environment. The Employer and Employee agree to a system through which the Employee's hours of work and the completion of tasks and duties by the Employee can be accurately monitored and recorded, in a manner that is lawful, transparent, proportionate and compliant with the Data Protection Acts 1988 to 2018 and the GDPR.

The Employee acknowledges that their activity may be monitored by the Employer in the following manner:

________

6.4.2. Dress Code

Employees working remotely are bound by the company dress code whenever they are representing the company with clients, external partners and senior colleagues. Employees are not otherwise required to dress in any particular manner when working remotely.

6.5. Data Protection

The Employee must take all reasonable steps to ensure the security and confidentiality of any data accessed, processed or stored in the course of their remote work. The Employee must comply with the Data Protection Acts 1988 to 2018, the GDPR and the Employer's data protection policy at all times.

The Employee, in signing this Agreement, commits to the following:

(a) to store all confidential and personal data securely and to ensure it is not accessible to third parties, including members of the Employee's household;
(b) to refrain from printing, copying or removing confidential data from secure systems except where authorised;
(c) to report any actual or suspected data breach to the Employer immediately, and in any event without undue delay, in line with the existing company policy; and
(d) to ensure that any devices used to access company data are password protected and encrypted where appropriate.

6.6. IT and Cyber Security

The Employee must comply with the Employer's IT and cyber security policy at all times when working remotely. The Employee is responsible for ensuring that the equipment and systems used in the course of their remote work are secure and used appropriately.

The Employee, in signing this Agreement, commits to the following:

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6.7. Use of Social Media

The Employee will refrain from use of their private social media during work hours. They will refrain from using their work related email address on private social media, or from disseminating any confidential information acquired in the performance of their role on any such site.

§7. EMPLOYER'S OBLIGATIONS IN RESPECT OF REMOTE WORK

7.1. The Employer will make all reasonable endeavours to ensure that, so far as is reasonably practicable, the health, safety and welfare of the Employee is not adversely affected by remote working or remote working conditions, in accordance with the Safety, Health and Welfare at Work Act 2005.

7.2. The Employer is required to assess the risks associated with remote working or the remote working environment and, where risk is identified, to implement control measures to minimise that risk.

7.3. The Employer must provide safe equipment suitable for the successful completion of the Employee's tasks.

7.4. The Employer must provide the Employee with health and safety information, instruction, training and supervision in regard to their remote working conditions.

7.5. If the Employee suffers from a disability, is a young worker, or is pregnant, has recently given birth or is breastfeeding, the Employer must ensure that remote working, the tasks assigned to the Employee and the conditions of their remote working do not adversely affect the Employee's health, safety or welfare.

7.6. The Employer must communicate regularly with the Employee and ensure that sufficient breaks are taken and working hours are observed, in accordance with the Organisation of Working Time Act 1997.

§8. THE RIGHT TO DISCONNECT

8.1. The Employer recognises and respects the Employee's 'right to disconnect' from the tasks comprising their employment, and to disengage from work outside their scheduled working hours. The Employer will not impose work related obligations on the Employee beyond their contracted working hours save in exceptional circumstances.

8.2. The Employer observes the Workplace Relations Commission Code of Practice for Employers and Employees on the Right to Disconnect, as given effect in the Employer's 'Right to Disconnect Policy'.

8.3. In particular, the Employer recognises and observes the following:

(a) the Employee has a right not to have to routinely work outside of normal working hours;

(b) the Employee will not be penalised for refusing to work outside of normal working hours; and

(c) the Employee is required to respect their colleagues' and superiors' right to disconnect and to cease communication therewith after normal working hours have ended.

§9. WORKING TIME

9.1. The Employee is required to work the same number of hours per day, week and month as specified in the existing Contract of Employment. For convenience, the number of hours of work per week required of the Employee is ________ (________).

9.2. The Employee is required to maintain the normal working hours agreed in their original Contract of Employment and to complete the tasks and duties of their employment within the designated daily timeframe of ________ to ________.

9.3. Accordingly, the Employee must be reasonably contactable within these hours via ________.

Pursuant to the Organisation of Working Time Act 1997, the Employee must ensure that:

(a) they take adequate breaks within the work day;
(b) they take their daily rest periods; and
(c) they take their weekly rest periods.

The Employee has the right to disconnect from their role as ________ and is expected to maintain a reasonable, healthy work-life balance.

§10. ABSENCES FROM WORK

10.1. In the event of the Employee's absence from work due to illness, bereavement or other extenuating personal circumstances, they should inform their supervisor or representative as prescribed in the existing Contract of Employment.

10.2. The Employee remains entitled to ________ (________) days' annual leave as provided in their Contract of Employment and as required by the Organisation of Working Time Act 1997. The procedure for coordinating leave in the form of personal days and annual holidays remains unchanged under the Parties' new remote working arrangement. The Employee should consult their existing Contract of Employment and Employee Handbook to familiarise themselves with this process.

§11. EQUIPMENT

11.1. ________ is provided with the following equipment to facilitate the successful completion of the tasks comprising their role as ________:

________

11.2. The Employee undertakes to take reasonable care of the equipment provided by taking steps to avoid accidental damage thereto and to avoid third party use. All such equipment remains the property of the Employer and must be returned upon termination of this Remote Working Agreement or the Contract of Employment.

§12. INSURANCE, EXPENDITURE AND TAX RELIEF

12.1. All equipment provided to ________ by ________ is insured against material damage under the ________ insurance policy, subject to that policy's terms, conditions and limitations.

12.2. The Employee (________) will be provided with a remote working allowance of ________ (________) Euro per day. This payment is intended to offset the expenses associated with working outside the office, including heat, electricity and internet connection. Where any such allowance exceeds the tax-free daily amount permitted by the Revenue Commissioners, the excess shall be subject to deduction of income tax, USC and PRSI in the usual way.

12.3. Where the Employer does not pay the Employee the Revenue-permitted tax-free daily remote working allowance, or pays an amount less than the Employee's allowable costs, the Employee may be entitled to claim Remote Working Relief from the Revenue Commissioners.

12.4. Subject to the conditions and rates applied by the Revenue Commissioners from time to time, claims may generally be made in respect of an apportioned percentage (based on the number of days per annum worked from home) of the costs of electricity, heating and broadband incurred by the Employee.

§13. CONFIDENTIALITY

13.1. The Employee shall, both during and after the termination of this Remote Working Agreement, keep confidential all trade secrets and confidential information of the Employer and shall not use or disclose the same otherwise than in the proper performance of their duties, subject to the Employee's rights under the Protected Disclosures Act 2014.

§14. GOVERNING LAW AND JURISDICTION

14.1. This Remote Working Agreement and the Contract of Employment which it varies shall be governed by and construed in accordance with the laws of Ireland, and the Parties submit to the exclusive jurisdiction of the Workplace Relations Commission and the courts of Ireland in respect of any dispute arising hereunder.

§15. SEVERABILITY AND ENTIRE AGREEMENT

15.1. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

15.2. This Agreement, together with the Contract of Employment dated ________ and the Employer's policies referred to herein, constitutes the entire agreement between the Parties in respect of the Employee's remote working arrangement.

DECLARATION AND SIGNATURE

I, ________ (the Employee), have read and understood the terms and conditions laid out in this Remote Working Agreement and accept them in their entirety.

Signed by the Employee:

___________________

________
Job title: ________
Date: ________

Witness signature: ___________________
Witness name: ________
Witness address: ________

Signed by or on behalf of the Employer:

__________________

________, (________) for and on behalf of ________
Date: ________

SCHEDULE 1 – The Employer's 'Right to Disconnect Policy'

________