India Inc tightens remote work policies with legal aid for office return

India Inc’s efforts to bring employees back to the office post-pandemic have been challenging. To address this, companies are now seeking the help of law firms to create clear, airtight contracts.

New employment agreements detail the exact hours remote employees must be ‘available’ for work, whether online or on calls. Some companies emphasise the office location as the sole designated workplace, while also adding confidentiality clauses that limit remote work options. To make the transition smoother, many firms are also revising their leave policies, offering perks like time off for pet care and wedding preparations, according to a report by Mint.

The news report quoted Anshul Prakash, partner at the law firm Khaitan & Co, as saying that companies are ensuring employees don’t view remote work as an entitlement. He emphasised that attending the office should not be seen as a temporary solution, warning that continued demand for remote work could foster a pattern of frequent absenteeism.

Prakash said companies are now defining criteria for which employees are permitted to work from home.

Remote work restrictions

During the pandemic, employees became accustomed to remote work, and efforts to encourage their return to the office have had varied outcomes. The process for remote access now demands more approvals than it did previously. Tata Consultancy Services Ltd, India’s largest software services provider, has tied salary increases to office attendance, with those choosing not to work from the office receiving smaller raises. LTIMindtree Ltd has implemented leave deductions for employees who are not consistently present at the workplace, the report said.

Concerns about overtime

Companies are increasingly worried about the potential costs associated with employees working beyond their standard hours, which might necessitate overtime pay. In response, law firms have advised clients to implement policies requiring employees to obtain prior approval before working extra hours, to adhere to overtime regulations where applicable, the report said.
 

Deepti Thakkar, head of employment and HR law at Nishith Desai Associates, said her firm has observed clauses addressing excessive working hours.

Managers must ensure that working hours remain within reasonable bounds and will monitor these hours accordingly, she said, adding that employees also have a responsibility to avoid excessive hours and should notify their manager directly if they believe they are working beyond reasonable limits.