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In New Zealand, employees are within their rights in requesting to work from home. As with other high-income economies, New Zealand has seen a marked increase in the number of employees requesting hybrid or fully remote working arrangements.
Both the employer and employee need to work together in considering how changes to the employee’s place of work relates to various aspects of employment law. For example changes may need to be made to an initial employment agreement in regards to issues around health and safety, privacy, and data security.
The place of work must be reflected in the employment agreement. If there is to be a permanent change to the employee’s place of work, an existing employment agreement would need to be updated.
The Health and Safety at Work Act (2015) applies to employees who work from home. For employers, it makes sense to conduct a risk-assessment of the employee’s home-workspace to ensure adequate health and safety standards are met. Attention should be paid to issues like the ergonomics of the workstation setup and the presence of fire safety equipment.
The Privacy Act (2020) has a number of provisions that affect remote working arrangements. For example, the monitoring of employees who work from home presents obvious legal issues. Employers should approach any form of monitoring carefully. Software and other non-invasive methods can be used to track employee performance rather than video recording devices.
Data security is an important consideration of any remote working agreement. Additional security measures might include providing a laptop with pre-installed remote access software, such as a virtual private network (VPN), that would allow the employee to securely connect to your organization’s network.
Employers are not obligated to cover the set up costs of an employee’s home workspace. These details are a matter for negotiation between employer and employee.
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With a range of legal protections for remote workers, especially around workplace health and safety, New Zealand can be considered a good country for remote work. From the employer’s perspective, remote working shouldn’t present too many challenges provided NZ government guidance is followed and any changes are reflected in employment agreements.
The Employment Relations Act (2000) is a key piece of legislation that has a bearing on all employment relationships in New Zealand. New Zealand places great importance on workplace health and safety, both physical and mental, making the Health and Safety at Work Act (2015) relevant to employers looking to hire remote workers in New Zealand.
Online freelancing platforms are popular in New Zealand, but present certain risks to employers. To ensure compliance with New Zealand employment law, foreign employers looking to hire remote workers in New Zealand are advised to utilize the services of Horizons’ New Zealand PEO.
