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New rules for remote working

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Legal news
calendar 29 May 2022
globus Denmark

Although coronavirus restrictions seem to be a closed chapter in Denmark, remote working has come to stay. Many more are working from home or another remote workplace than before. New rules are therefore introduced. These new rules make it more flexible to work from home and, at the same time, take employees with changing workplaces into consideration.

The new rules result from a broad political agreement that focuses on making the rules on remote working as up-to-date as possible, as working from home or changing workplaces is becoming increasingly popular.

A number of special requirements apply to the workplace organization when an employee regularly works in front of a screen during a large part of the working hours. The rules, among other things, require that a keyboard, mouse, work desk, and work chair is available. Today, the rules do not apply before the employee works from home regularly and at least once a week. We have written about the new rules for remote working here.

More than two weekly remote working days on average

The special requirements relating to screen work will, as a main rule, apply when the working hours from the home amount to more than two workdays a week, as calculated over a month. At the same time, screen work from home or another remote location should be regular. That means that it is not enough if the employee works from home occasionally. If an employee regularly works from home two days a week or less, the screen rules do not apply.

Consequently, if an employee works in front of a screen two days per week or less from another place than the office and three days from the office, the employee cannot claim that the special requirements for screen work apply to the remote working space.

Also, even if the employee works from elsewhere than the office, and the screen work occurs regularly for more than two days per week, an exception applies if these remote workplaces already satisfy the rules on screen work.

The new rules entered into force on 30 April 2022.

IUNO’s opinion

Despite the fact that the new rules contribute to more flexibility, the changes do not fix the problems that can arise when companies introduce a mandatory or voluntary scheme for changing workplaces for the employees. Even though the new rules give more flexibility, it is still the companies’ responsibility to make sure the rules are adhered to, and clear agreements with the employees are necessary.

IUNO recommends that companies have strict guidelines for what applies when employees work from remote workplaces. In this connection, it may, for example, be beneficial to make employees sign a solemn declaration on the remote workplace satisfying the requirements. Companies can also explore the possibility of allowing remote working, conditioned on the employees themselves making sure to have the right equipment. This way, companies can avoid extra costs, but still meet the wish for flexibility.

[Regulation on limitations to the application of the Working Environment Act to work carried out in the employee's home of 23 March 2022]

The new rules result from a broad political agreement that focuses on making the rules on remote working as up-to-date as possible, as working from home or changing workplaces is becoming increasingly popular.

A number of special requirements apply to the workplace organization when an employee regularly works in front of a screen during a large part of the working hours. The rules, among other things, require that a keyboard, mouse, work desk, and work chair is available. Today, the rules do not apply before the employee works from home regularly and at least once a week. We have written about the new rules for remote working here.

More than two weekly remote working days on average

The special requirements relating to screen work will, as a main rule, apply when the working hours from the home amount to more than two workdays a week, as calculated over a month. At the same time, screen work from home or another remote location should be regular. That means that it is not enough if the employee works from home occasionally. If an employee regularly works from home two days a week or less, the screen rules do not apply.

Consequently, if an employee works in front of a screen two days per week or less from another place than the office and three days from the office, the employee cannot claim that the special requirements for screen work apply to the remote working space.

Also, even if the employee works from elsewhere than the office, and the screen work occurs regularly for more than two days per week, an exception applies if these remote workplaces already satisfy the rules on screen work.

The new rules entered into force on 30 April 2022.

IUNO’s opinion

Despite the fact that the new rules contribute to more flexibility, the changes do not fix the problems that can arise when companies introduce a mandatory or voluntary scheme for changing workplaces for the employees. Even though the new rules give more flexibility, it is still the companies’ responsibility to make sure the rules are adhered to, and clear agreements with the employees are necessary.

IUNO recommends that companies have strict guidelines for what applies when employees work from remote workplaces. In this connection, it may, for example, be beneficial to make employees sign a solemn declaration on the remote workplace satisfying the requirements. Companies can also explore the possibility of allowing remote working, conditioned on the employees themselves making sure to have the right equipment. This way, companies can avoid extra costs, but still meet the wish for flexibility.

[Regulation on limitations to the application of the Working Environment Act to work carried out in the employee's home of 23 March 2022]

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Anders

Etgen Reitz

Partner

Søren

Hessellund Klausen

Partner

Kirsten

Astrup

Senior associate

Cecillie

Groth Henriksen

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