The Amended Act sets out the following guidelines for Work From Home implementation:

1. The employer must clearly set out a policy or practice guideline since the Amended Act stipulates that the employer must prepare the agreement on the arrangement in writing or in the form of

electronic data that is accessible and reusable without altering its meaning. That is to make it easyto understand and the content whether it is a booklet or electronic data must have the same meaning.

 

2. This may include the 5 following details:

    (1) Commencement and end date

This refers to the period of time that is determined to remote working, which day to which day it

will be enforced, in general, at least, should not be less than 6 months or 1 year because it can be

assessed and adjusted in accordance with the human resource management process.

In light of this Amended Act, how to determine the employees which already have a policy for re-

mote working?

    (2) Normal working days and hours, rest periods, and overtime work

One option is to create a new framework, or the second option is to apply the existing one by which

we have designed by adding workplace conditions to cover other places that will be established as

well, such as the accommodation of employees. However, with the new framework, the executives

must take into account the difference and fitness that will affect the internal atmosphere as well.

    (3) Rules of overtime and holiday work, and other types of leave

This can remain unchanged as the previous sub-section but should determine the right approach.

    (4) Scope of work of the employee as well as control and supervision by the employer

This item will consist of 2 important topics: one, determining the role of the employee and two is

the supervision from the employer. In this regard, the HR counsel should define and prepare a man-

ual and guidelines for the work for remote working in three sets: that of the commander, that of

remote worker and that of supporting role such as HR, IT, Admin, etc.

    (5) Duties to procure and provide work equipment and tools as well as necessary expenses arisingout of the work.

 

This is regarded as a supervising matter. Is it necessary for the employer to provide and support in

terms of all work equipment or not? Because the law does not specify, for example, tables, chairs,

computers and support in terms of expenses,

                                                                                                                                                    Somsuk Phoungnak (Partner)

                                                                                                                                                    Pakdeenad Supradit N Ayudhya (Associate)