Remote Work and Teleworking: Essential Guide to Occupational Risk Prevention
A comprehensive guide to remote work and teleworking in Portugal, covering concepts, legislation and occupational risk prevention for companies and workers.
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Remote work, especially in its teleworking modality, has been gaining prominence in the Portuguese labour landscape. This evolution, largely driven by recent circumstances, redefines traditional organisational structures and promotes greater flexibility. However, it brings with it new challenges in terms of occupational health and safety, such as technostress, computer fatigue, professional isolation and connectivity management.
The rapid adoption of these modalities underlines the need for a clear understanding of their implications, particularly regarding legislation and the prevention of occupational risks. This article aims to clarify the fundamental aspects of remote work and teleworking, based on the Portuguese legal framework, with a special focus on the prevention of occupational risks.
Remote Work vs. Teleworking: What is the Difference?
Although often used as synonyms, the terms remote work and teleworking have important distinctions in the Portuguese legal context.
Remote work is defined as the provision of work activity in a location not determined by the employer, using information and communication technologies (TIC) or other means. It can be carried out at the worker's home or at another location chosen by them.
Teleworking, in turn, is a specific modality of remote work characterised by the prevalent use of information and communication technologies, meaning that the use of these technologies is predominant for the execution of tasks. Thus, all teleworking is remote work, but not all remote work is teleworking.
Application of the Legal Regime of Teleworking
In Portugal, the teleworking regime is framed within the Portuguese Labour Code. There is no specific decree-law equivalent to the Spanish one mentioned in the original. The provisions relating to teleworking apply when the provision of remote work is carried out regularly and under certain conditions.
It is generally considered that the teleworking regime applies when the worker provides their activity remotely on a regular basis. Portuguese law does not establish a rigid percentage threshold such as the 30% of the working day in 3 months present in Spanish legislation. However, regularity is a determining factor for the application of specific teleworking rules, and the existence of an agreement between employer and worker is crucial.
Teleworking and the Prevention of Occupational Risks: An Essential Right
All workers, including those who work remotely, have the right to adequate protection in terms of occupational health and safety, as established in the Portuguese Labour Code. Regardless of the percentage of time spent teleworking, the employer has a duty to guarantee health and safety conditions, preventing risks such as:
- Ergonomic risks: Incorrect postures, inadequate furniture, prolonged use of equipment.
- Psychosocial risks: Isolation, technostress, difficulty in managing work-life balance, permanent connectivity.
- Risks associated with the use of equipment: Visual fatigue, repetitive strain injuries.
Even if a worker is on a teleworking regime only one day a week, they remain exposed to these risks, and the employer is responsible for ensuring their prevention.
Teleworking Agreement: Formalisation and Minimum Content
The formalisation of teleworking requires a written agreement between the employer and the worker. This agreement is fundamental to establish the conditions under which the activity will be provided and to safeguard the rights and duties of both parties. The minimum elements that must be included in the teleworking agreement include:
- The identification of the work tools and equipment provided by the employer, including their maintenance and associated costs.
- Compensation for additional expenses that the worker may incur as a result of teleworking, such as energy, internet, etc.
- The duration period of the teleworking agreement and the notice periods for its termination or reversal.
- The working hours and, within these, the rules of availability and rest periods.
- The location where the remote work will be carried out, although without the mandatory home visit (see next section).
- The manner in which the employer's control rights over the activity will be exercised.
- The procedures for communication in case of technical difficulties.
- Data protection and information security policies.
The designation of the remote workplace by the worker is a crucial point, as it influences the scope of the occupational risk assessment and the consideration of potential work accidents.
Risk Assessment in Teleworking: Specificities and Limits
The assessment of occupational risks in teleworking follows the general principles of the Portuguese Labour Code, with particular attention to psychosocial, ergonomic and organisational risks. It must consider the distribution of working hours, availability times, rest periods and the rights to disconnect.
The assessment must focus only on the workplace declared by the worker, i.e. the specific area where the activity is carried out, not extending to other areas of their home or chosen location. However, it is important to note that a visit to the worker's home by the occupational health and safety services requires the express authorisation of the worker.
If the worker does not authorise the visit, the risk assessment can be carried out based on information collected from the worker, such as self-assessment questionnaires, which assist the prevention technician in preparing a reasoned analysis.
Who Should Carry Out the Assessment?
The assessment of occupational risks is the exclusive competence of qualified occupational health and safety technicians. The worker cannot carry out this assessment, but their collaboration in collecting information is fundamental, especially when a visit to the workplace is not possible.
Specific Preventive Rules for Teleworking
Given the prevalent use of information and communication technologies in teleworking, the risk assessment must consider the provisions relating to work with equipment equipped with display screen equipment. The objective is to prevent physical, visual and mental strain, as well as the combined effects of these factors.
In addition, the assessment must consider the organisation of working time, the management of availability and the guarantee of rest periods and professional disconnection, which are crucial to prevent technostress and isolation.
Other Preventive Measures for the Employer
In addition to the risk assessment, the employer has a duty to:
- Inform and train teleworkers on the specific risks of teleworking and appropriate preventive measures. This training is vital, as conditions in the worker's home directly influence their health and well-being, also impacting personal and family life.
- Adopt protocols and carry out periodic health surveillance in order to monitor the impact of teleworking on workers' health. Health surveillance must be adapted to the specificity of the risks identified in teleworking.
Accidents in Teleworking: Legal Framework
According to the Portuguese Labour Code and the legislation on work accidents, an accident occurring during the working period and at the workplace (even if this is the home in the context of teleworking) and which results in bodily injury is considered a work accident.
The requirements for qualifying an accident in teleworking as a work accident are the same as for in-person work:
- The existence of a proven bodily injury.
- The status of the injured person as an employee.
- A causal relationship between the injury and the work carried out, i.e. that the injury occurs "on the occasion of or as a consequence of work".
Thus, if a worker suffers an injury while carrying out their professional activity, in teleworking, and the conditions of working time and place are met, the incident will, in principle, be classified as a work accident.
Conclusion
Remote work and teleworking represent a significant evolution in labour dynamics in Portugal. Its successful implementation requires a proactive approach to health and safety management, ensuring that workers are protected against the specific risks of this modality. Employers and workers must collaborate in creating healthy working environments, even at a distance, prioritising prevention and compliance with legal standards for a more flexible and secure working future.