Finland: Striking the balance between the office and remote working in the post-COVID-19 world

Whilst some are excited about returning to the office, others would prefer to continue working remotely. Employers must carefully consider how to reconcile different interests and how to best adapt to the post-COVID-19 situation. The most popular solution seems to be a hybrid model: a location-flexible arrangement involving some combination of working remotely and from an office. It can be arranged in many ways and, therefore, it is likely to look different for every organisation. Some employers have already announced that they are allowing 100 % of remote work after the pandemic is over, and some have taken a different approach, such as having everyone work at the office on Mondays and Fridays. Whatever the specifics, companies choosing to incorporate the hybrid model often ponder the same questions, some of which we discuss in this article.

Can the employer decide what the location of the work is?

Changing the place of work means changing a significant term of employment in Finland and, strictly speaking, the employees cannot be required to work from any other location than what has been agreed upon in the employment agreement. We recommend using flexible wording in the employment agreements regarding the work location. An employee cannot be forced to work remotely unless the employer and the employee have agreed upon remote working. The easiest way to shift into hybrid work would then, of course, be to agree upon it with the employees in question. If it cannot be agreed upon with the employees and the current work location is very limited in the employment agreement (e.g. to an office location), a change into hybrid or remote work could only be done by way of termination of employment, provided that the employer has weighty grounds for termination as required by the Employment Contracts Act, and provided that cooperation negotiations have been conducted. Further, before moving into the hybrid model, the employer should undergo cooperation negotiations in any case. Given that according to some sources almost 90 % of the Finnish work force has already signalled that they would like to continue with at least some level of remote work after the pandemic, we do not foresee much resistance with the hybrid models on the way.

What are the employer’s health and safety obligations in hybrid work?

The employer must ensure that work is performed under safe and healthy conditions. This includes that the employer assesses hazards and harms related to the work and takes adequate preventive and corrective measures. This applies to all places where work is performed, i.e. in hybrid work both at the office and working remotely. However, the provisions of the Occupational Safety and Health Act are of limited application to remote work as the employer has limited opportunity to monitor working conditions or workload. Therefore, it is important that the employer ensures together with the employees that remote work is safe, ergonomic, and free from interruption.

Are the employees working remotely covered by mandatory insurances?

Yes. However, the protection of the statutory accident and occupational disease insurance may not be as extensive in relation to accidents that occur in remote work compared to accidents that occur when working at the office. Therefore, it is advisable to check the insurance coverage from the employer’s insurance company.

To what extent does the working hour legislation apply to hybrid work?

The Working Hours Act applies to hybrid work, both at the office and remote work. The employer must keep records of the employees’ working hours also in remote work. Exceptions regarding e.g. employees in executive positions apply similarly in remote work as in work performed in the employer's premises. If the transition to the hybrid model causes a permanent change to the current working hour arrangements and practices, cooperation negotiations need to be conducted.

What type of workspaces and equipment should employers provide in hybrid work?

The employer has rarely committed itself to issuing any certain level of workspace to an employee, so we believe there is a high level of flexibility in place when an employer contemplates the hybrid model workspaces. The main mandatory legal frames come from the Occupational Safety and Health Act and some guidelines given by the Centre for Occupational Safety. According to legislation, the air space of an office room must be at least 10 cubic meters per employee. Further space recommendations may come from the Government Decree on Safety and Health Requirements in Workplaces, but the main message is that the workspace needs to guarantee safe and healthy work conditions. Besides this main requirement, the employer may have many kinds of arrangements in place, whether individual rooms, co-working spaces, or hot desks the employees can book in advance.

When the employer provides the employees with work equipment at the office, the question of what needs to be provided in a hybrid model to the remote working location remains. There are not mandatory legal requirements here either, so no legislation is in place to state that certain desks, headsets etc. should be provided at the remote work location also. However, since it is the employer’s obligation to ensure a safe working environment in remote work and to make sure the employee can actually perform the work, there is naturally a need to provide some level of equipment to remote work also. Often, providing a laptop and a mobile phone is more than enough, but listening to the employee’s thoughts on potential deficiencies is of course recommendable. In case finding a viable solution to the remote working space seems impossible, welcoming the employee to work 100 % at the office is always an option.

Other things to consider when adopting the hybrid model

There are several other things to consider when adopting the hybrid model. For example, the taxation perspective may be important especially if the employer is planning to provide employees with additional equipment to the home office or compensate for certain costs related to remote work. Also, if the employees can work remotely from abroad, possible risks of permanent establishments should be analysed.

However, whatever the company, the transition to the hybrid model should be carefully planned and organised. It is also important to keep in mind that the employer must treat all employees equally, unless deviating from this is justified in view of the duties and position of the employees. Therefore, it is important that all decisions relating to the hybrid model are based on fair and objectively justified causes in order to avoid any risk of inequality.