"I work from home, can I go to the cafe in front of my house?"

"If I don't move my computer mouse for 30 minutes, I will be contacted. Can I be monitored like this?"

"Do I have to respond to the company's location tracking for time and attendance management?"

Due to the prolonged COVID-19 outbreak, the number of workplaces that work from home has increased significantly.

Due to the sudden contagious disease, I started working from home with insufficient preparation, so there were many cases of different responses to the situation. 

Therefore, the Ministry of Employment and Labor has released another'comprehensive manual for working from home'.

This is the first guideline for working from home, issued by the government. 

In [Pick Q&A], we will summarize various legal issues related to working from home based on the manual of the Ministry of Employment and Labor. 

Q. Can workers claim to work from home according to their will?

A. Under the current law, it is a principle that labor and management are autonomously conducted from home work, and this is not a legally guaranteed right to workers.

If the collective agreement, employment rules, and employment contracts determine the qualifications for applying for telecommuting, target duties, etc., you can work from home according to the prescribed procedures.

Q. How do you calculate working hours and break hours for home workers?

A. In principle, even if you work from home, the usual working hour system is applied as in the case of going to work.

In particular, when working from home, it is possible to always communicate based on digital devices and information and communication technology, and if it is possible to manage working hours such as start/end times and break times set by the user, the usual working hours system can be applied. .

However, there may be cases in which it is difficult or inappropriate to manage working hours regularly while working from home.

In this case, it can be regarded as having worked for the prescribed working hours by utilizing the'regarded hours outside the workplace' under the Labor Standards Act. 

Q. How do I get break time while working from home?

A. Rest hours in accordance with the Labor Standards Act must be guaranteed for employees working from home as well. Unless otherwise specified, the rules for regular employees' rest hours are applied as they are.

Working hours and rest hours (30 minutes or more when working for 4 hours) are applied according to the Labor Standards Act.

Therefore, if you are working from home, working 8 hours a day, 1 hour of lunch should be guaranteed as a break, just like going to the office.

Q. Can I receive overtime allowance or night work allowance for working from home?

A. In the case of applying the normal working hour system, if an extension or night work is performed in order to perform work according to the employer's instructions, an additional overtime and night work allowance must be paid.

However, in order to reduce the possibility of disputes in the future, it is desirable to establish and operate a confirmation method or procedure for extended and night work between labor and management.

Q. For the purpose of supervising work management, if the computer mouse is not shaken by a certain amount of time, the connection to the business network is disconnected. Is it fair?

A. If the standards for time and attendance management are strictly set and implemented in an excessively short unit of time because there is a high concern about leaving the work place of home workers or because it is necessary for security reasons, it causes stress on the work of home workers and creates an unhealthy working environment or Working efficiency may be reduced.

There may be jobs that do not use computers, so in this case, disciplinary action should not be made just for having lost access to the business network.

Therefore, it is advisable that employers take appropriate measures and methods in proportion to the purpose of managing T&A and security maintenance of telecommuters, and implement them after sufficient consultation with workers.

Q. Can I receive food expenses even if I work from home?

A. Since telecommuters cannot use the cafeteria, if they eat at a restaurant other than their home while working from home, they must attach a receipt and request the same amount as regular workers.

However, it is difficult to assume that if the cafeteria serves only in kind, it is not obligated to pay the corresponding money to the telecommuter.

Q. Can I go to a nearby café and work from home because it is frustrating to be in my house?

A. If workers change or leave the designated place arbitrarily, a problem of service violation may occur.

If it is necessary to change the workplace, it is desirable to obtain approval from the manager according to the procedure set in advance.

Telecommuting is a system that usually works at the worker's'home', but if it is based on a collective agreement or employment rules, or if the agreement between the employer and the employee or the employer approves, a place other than'home' such as a nearby cafe is used as a place to work from home. It is also possible to specify or add.

However, if it is conducted to prevent infectious diseases such as Corona 19, it is necessary to limit it to private places such as home.

Q. Can the company track the location through GPS for T&A management purposes?

A. The collection of location information without the consent of the information subject is prohibited according to the'Act on Protection and Use of Location Information, etc.'

However, the company should not force workers to comply with location tracking, and if the worker refuses, it cannot be disciplined for this reason.

This is'News Pick'.