Working from Home Human Resources Standard Working from Home HR Standard

Transcription

1 Working from Home HR Standard working from home - hr standard - v0.1 Page 2 of 19

2 Table of Contents Introduction...5 Scope...5 The University s commitment...5 Underpinning legislation...5 Section 1 : General Information... 6 Ad hoc v permanent arrangement...6 Assessment of Suitability...6 Nature of the role...6 Needs of the business...6 Staff performance...6 Section 2 : Personal Matters... 7 Insurance and tax...7 Caring Issues...7 Medical Issues...7 Section 3 : Work Arrangements... 8 Hours of work...8 Breaks...8 Office meetings...8 Absences/illness...8 Communication...8 Section 4 : Work Environment... 9 Security...9 Access to the home site...9 Assessment of environment...9 Section 5 : OH&S Obligations Incident reporting process Non-compliance WorkCover Inspectors Section 6 : Equipment, Expenses and Utilities Stationary provisions Hardware Printer/Scanners Printer Toner Costs Mobile Phones Landline Phones working from home - hr standard - v0.1 Page 3 of 19

3 Phone Reimbursements Home utilities (electricity, internet etc) Reimbursement of expenses Special Provisions Section 7 : Performance Performance management Development opportunities Section 8 : Working from Home Agreement Agreement documentation Conditions of employment Code of Conduct and policies/procedures Monitoring and review Termination arrangements Section 9 : Application Section 10 : Responsibilities Staff Managers OH&S Representatives Human Resources Definitions Document Information working from home - hr standard - v0.1 Page 4 of 19

4 Introduction This HR Standard provides guidance for both managers and staff on working from home arrangements. The University is committed to assisting staff with flexible work arrangements to help balance work, health, family or other responsibilities. Working from home is one flexible work option the University will consider for staff whose needs reflect this requirement. It is not always appropriate for staff to work from home therefore the University has developed this standard to provide the requirements for assessing, implementing and monitoring ongoing effectiveness of working from home arrangements. Scope This HR Standard applies to all permanent staff directly employed by the University. Contractors are excluded. The University s commitment The following principles apply in considering and approving working from home arrangements: an analysis/review of each request will be undertaken and each application will be assessed on a case by case basis with reference to this HR Standard and the Flexible Work Arrangements Policy a written and signed Agreement will be entered into by both the University and the staff member reasonable costs associated with the adjustment of the working from home site and to meet OH&S requirements will be the responsibility of the University there is no unreasonable financial cost to the University as a result of the working from home arrangement the staff member consents to the appropriate University representative entering the working from home location in the event of an assessment, dispute, OH&S matter or requirement to meet for work purposes. This representative could be a manager, work colleague, HRBP, OH&S Representative or other University representative. the University is not liable on any part, to/of a third party that is not a staff member of the University, at the working from home location unless that person is present in connection with work related duties. the University policies continue to apply to staff when working from home the University reserves the right to terminate any working from home arrangement in accordance with the Agreement Underpinning legislation The Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety was agreed by the Council of Australian Governments (COAG) on 3 July This agreement formalises the cooperation between the Commonwealth, state and territory governments to achieve harmonisation of OHS laws. Safe Work Australia is the national policy body responsible for the development and evaluation of the model work health and safety laws. The model work health and safety laws consist of the Model Work Health and Safety (WHS) Act, supported by model WHS regulations, model Codes of Practice and a National Compliance and Enforcement Policy. The model work health and safety laws are the basis for harmonised laws across Australia The Commonwealth, states and territories are responsible for regulating and enforcing the laws in their jurisdictions. The Fair Work Act 2009 (Cth) deals with the flexible work option of working from home. working from home - hr standard - v0.1 Page 5 of 19

5 Section 1 : General Information Ad hoc v permanent arrangement This HR Standard does not apply to ad-hoc or occasional work from home, for example, one day here and there to cater for any work or personal arrangements. However, approval must be obtained in advance from the manager. Assessment of Suitability Nature of the role Some roles are more appropriately performed in the workplace, and may therefore be unsuitable for working from home. Jobs generally not suitable for working from home may include, but are not limited to, activities requiring: face-to-face interaction with the manager, other staff, clients and/or business partners a high degree of supervision, e.g. trainee and entry level positions frequent access to material that cannot be moved from the office servicing the University facilities and/or assets site specific occupations eg cleaner team based work where regular, direct, daily contact with other staff is required. The manager will assess both the nature of the work and the staff s ability to work autonomously. Working from home requires dedication, self-motivation and the ability to work without supervision. Each application will be assessed on a case-by-case basis to ensure all circumstances are taken into account. The Manager s Working from Home Assessment form will be used to determine the suitability for each request. Should the staff change positions within the University, the working from home arrangement terminates on the last day within the role. The staff and the hiring manager may agree to continue the arrangement in the new position however a new Agreement must be executed. The working from home arrangement is not automatically transferred from one role to another. Needs of the business Before decisions are made to approve/deny applications, the manager will need to consider the impacts on the business and the needs of the business. Managers and staff should consider innovative ways to maintain the speed, quality, quantity and customer relationships as part of flexible work arrangements however should any of these factors be impacted negatively, the University is not likely to approve the option. Staff performance Staff who are not consistently meeting expectations on objectives and behaviours are not typically granted remote work if it is not already a requirement of their role. Other considerations include the suitability of the employee to: manage time and workload efficiently perform work reliably and responsibly and without immediate supervision resolve problems independently work in isolation and be self-motivated provide suitable space within the home for the safe and effective fulfilment of the functions of the activity to be performed. working from home - hr standard - v0.1 Page 6 of 19

6 Section 2 : Personal Matters Insurance and tax Staff are solely responsible for checking whether working from home has any impact on any existing insurance or tax arrangements they may personally have, including public liability or equipment covered by their own home contents insurance and any obligations they may have to notify their insurer that their home is to be used for work purposes. Caring Issues A working from home arrangement may assist, but is not a substitute for dependent care. Staff must still be able to perform their work from the home site as efficiently and effectively as they would ordinarily in the office. A working from home arrangement is not a substitute for dependent care. Refer to Personal Leave entitlements for caring for children/family members. Medical Issues A working from home arrangement may be approved to assist in managing a long term illness. Staff must still be able to perform their work from the home site as efficiently and effectively as they would ordinarily in the normal work location. Staff with a long term illness will be required to provide written advice from a recognised medical practitioner. working from home - hr standard - v0.1 Page 7 of 19

7 Section 3 : Work Arrangements Hours of work The staff should have a clear and detailed understanding of the hours to be worked, including any flexible working hours arrangement. The core hours and duties to be performed will be established, agreed and detailed in the Working from Home Agreement. Breaks Set breaks will be established, agreed and detailed in the Working from Home Agreement. Office meetings Where there are regular team meetings scheduled the staff will endeavour to either attend the office or dial in via a phone hook-up where possible. the University may request the staff to attend the office for work purposes and the staff must not unreasonably refuse to attend such request. Such arrangements may include, but are not limited to: weekly phone hook ups daily/weekly s monthly face-to-face meetings Absences/illness Where the staff member is required to take personal leave and unable to perform their duties, the staff must notify their manager in the same manner as it the staff was expected to be working from a business site and in accordance with the Agreement. Communication Good communication is an essential part of any successful home based work arrangement. The manager will ensure that the staff member knows and understands the expectations and required standard of work. These expectations should be clearly documented and regularly assessed throughout the Working from Home Agreement term. It is important for the staff and the manager to meet at regular intervals. This allows both the manager and the staff to provide regular feedback and to discuss and evaluate the arrangement. Scheduling meetings at a mutually convenient time and location is a way of ensuring the staff members keep in contact with changes and developments in the workplace and to address any isolation issues. working from home - hr standard - v0.1 Page 8 of 19

8 Section 4 : Work Environment The manager and staff member should ensure the environment, health and safety of the home site is maintained as per the Assessment, the Working from Home Agreement and the site Workstation Setup documentation. All the University OH&S policies apply regardless of the staff s work schedule and work location. If a home site cannot ensure the safety of a staff member, it is unlikely to be supported. Security The staff must take reasonable steps to ensure the property, both physical property and intellectual property, of the University is secure at all times. Any work related information removed from the business site remains the property of the University. Family and visitors at the home site are not to have access to any such information whether in hard copy or through office based network means. Access to the home site It is recognised that access to the home site may be necessary on occasions to deal with work related matters. Generally, the staff will be required to provide consent prior to accessing the home site, such consent not to be unreasonably withheld. Unreasonable denial may constitute grounds for terminating the Working from Home Agreement. Access may be obtained for any of the following reasons (but not limited to): assessing and monitoring security arrangements of equipment and documents workplace health and safety inspections and risk assessments incident investigation supervision general work related activities e.g. meetings, discussions Assessment of environment The home site requires a designated area that is deemed to be an acceptable workspace. The PH&S Assessment form must be completed by the staff member and sent to their manager. Should any concerns be raised, an assessment may be required (which may include a health and safety and risk assessment of the home site). Failure to comply with safety and health requirements may result in the Working from Home Agreement being terminated. The staff must have a clear delineation of when they are working and not working. Photographs of the work space must be provided with the OH&S Assessment form. working from home - hr standard - v0.1 Page 9 of 19

9 Section 5 : OH&S Obligations The University must provide a safe working environment and safe systems of work for staff. This duty also applies to the home site where staff work. Staff have an obligation to maintain the safety of themselves and others within the home site. Incident reporting process Staff working from home must report an incident/injury or illness as a result of carrying out tasks in the home site in accordance with the University s incident reporting process. Staff must ensure they have a copy of this information or know how to lodge an incident report prior to commencing their working from home arrangements. Non-compliance Staff assessment results which indicate the home site is unsafe or requires modification have the following options to consider: the staff working from home is responsible for the cost of required modifications (equipment and/or furniture) as indicated in the assessment the staff working from home works in a the University location/facility or the University approved shared workspace until they have completed the required modifications the Working from Home Agreement is terminated. The manager is responsible for following up the modification requirements to ensure compliance within 2 weeks of completion. WorkCover Inspectors Workcover Inspectors have a power of entry in relation to home sites where used as a workplace, with the consent of the occupier, or in a serious situation, with a search warrant. [OH&S is this the case for all States that the University operates in?] working from home - hr standard - v0.1 Page 10 of 19

10 Section 6 : Equipment, Expenses and Utilities Working from Home As part of negotiating the arrangement, the staff and manager should determine how the equipment needed to support the working from home arrangement will be provided. A list of the University owned equipment used at the home site will be attached to the Agreement, for example, laptop and mobile phone. This equipment will remain the property of the University and must be returned to the University upon request to do so and/or at the termination of the Agreement. where a request is made to return such equipment during the course of an Agreement, the request can be made by the University either verbally or via written means (whichever the University deems appropriate). a termination of Agreement will automatically trigger the requirement to return the equipment (without verbal or written notice) The staff agrees to notify the University should any problems, breakdowns or loss of equipment occur. The staff s work area is responsible for arranging the provision and maintenance of all equipment, where supplied, at the home site. Costs (including work related phone costs) will be charged to the appropriate business unit. Stationary provisions Stationary provisions are items such as paper, pens, notebook, highlighters, paper clips, stapler, post-itnotes etc. Staff may access reasonable quantities of consumable products from their primary work location to assist in performing their role whilst at the home site. Hardware All staff under a working from home arrangement will have access to a laptop which is to be used at both the business site and the home site. Each business unit will determine the appropriate equipment (e.g. mouse, keyboard, monitor etc) for each arrangement. All hardware provided by the University is at a cost to the relevant business unit. Printer/Scanners Access to a home printer/scanner is not a standard provision. Only, in special circumstances, will the University provide a printer/scanner to a working from home arrangement. Where a special circumstance exists, this will be documented in the Agreement. Printer Toner Costs Costs related to a staff owned home printer for toner, shall be borne by the staff as a printer is not a standard provision. Mobile Phones Mobile phones, including data plans where appropriate, are only issued to those staff eligible for mobile phones under their current Business Unit eligibility criteria. A working from home arrangement does not automatically entitle an staff to a mobile phone. working from home - hr standard - v0.1 Page 11 of 19

11 Landline Phones Costs related to the purchase, connection, payment plan or maintenance of a staff s home phone, shall be borne by the staff; a home phone is not a standard provision. Phone Reimbursements Reimbursement of the cost of business related telephone calls made from your home site on private phones can be claimed by the staff through the usual process and provision of evidence for claiming expenses (refer below). Home utilities (electricity, internet etc) The University will not reimburse staff any pro rata (or full costs) of home utilities used whilst performing work under a working from home arrangement. The staff may however, where relevant legislation permits, claim as a tax deduction in their personal tax return. Home utilities include gas, electricity, water, rates, insurances, telephone, internet, home security etc. Reimbursement of expenses Expenses incurred by the staff relating to their working from home arrangement, must be approved for reimbursement prior to the staff incurring the expense or detailed as a claimable expense in the Agreement. The usual process for claiming expenses will apply. Items not qualifying for expense reimbursement: tea/coffee/milk provisions biscuits toilet paper tissues meal allowances or claims Special Provisions Should special equipment provisions be required for the working from home arrangement, all applications for such equipment must be authorised by the business unit cost centre approver. working from home - hr standard - v0.1 Page 12 of 19

12 Section 7 : Performance The University s standard annual performance process, as detailed below, will continue to apply. It is expected that the staff may be required to attend the primary work location to complete such reviews. Stage Timing Description Planning Nov-Jan Discuss School and Divisional priorities and performance measures. Draft goals and development plan for discussion and Manager approval. Mid-Year Review (May-July Document progress against goals. Discuss achievements and learnings. Add new goals as required. Year-End Review Nov Document achievements for the year under review. Discuss feedback and learnings. Discuss impact on next year s workload or goal planning. Manager provides assessment and recommendation for ratings. Parity Dec Leadership team discusses individual ratings in the context of the School or Divisional performance including rationale for multiple increments or bonus payments as per policy. Review & Complete Managers discuss rationale for any amendments to ratings with leadership team member, add agreed performance outcomes and discuss with staff member. Performance management The University expects staff to be accountable for meeting required standards of work and conducting themselves in line with University work expectations. Where it is recognised there is a performance issue, the University will manage the performance issue in line with the Agreement and relevant policy/procedure and/or may terminate the Working from Home Agreement. Development opportunities A staff member who has a home based work arrangement must have the same career development opportunities as all other staff and they are required to attend nominated training. The University fully supports equal opportunity and diversity, regardless of working arrangements. The University is committed to: providing training and leadership programmes that promote respect and fairness in how we work with and value others providing a workplace that is free from inappropriate conduct such as bullying, discrimination, harassment, vilification, victimisation and violence providing flexible work options to assist our staff balance their work and personal lives and to enable the University to retain a diverse workforce working from home - hr standard - v0.1 Page 13 of 19

13 Section 8 : Working from Home Agreement Agreement documentation Working from Home Any working from home arrangement will be formalised into a written Working from Home Agreement. The University will require the staff to sign this Working from Home Agreement prior to commencing such arrangements (pending exceptional circumstances). [does the University want to have a maximum term the Agreement is applicable for (eg 12 mths) then, upon expiry, the staff would need to re-apply for the arrangement? this ensures a review is undertaken] Conditions of employment The terms and conditions of the employment between the staff and the University that apply in the usual place of employment also apply at the home site. In particular, the following will not be altered by a working from home agreement: any applicable legislation, awards or the Agreement classification, grading and related remuneration With exception to the above, the University and the staff may agree to vary any of the terms and conditions of the Working from Home Agreement. Any variation must be in writing and attached to the original Working from Home Agreement. Code of Conduct and policies/procedures The University Code of Conduct, Values and Policies/Procedures remain applicable whilst staff are performing work for the University regardless of their location. Monitoring and review Working from Home Agreements should be reviewed in the following circumstances: prior to the expiry of the Agreement (including trial arrangements) or in the event that the arrangement is no longer working/suitable The manager should assess each application for renewal on its merits. Working from home is not an automatic entitlement and having an arrangement in place over previous years will not guarantee future arrangements. Reviews may also be required in either of the following circumstances: in the event the staff moves into another role (at the same or a different level). in the event that there are changes to the home site e.g. the staff moves house, the house is being renovated or is damaged. In this event, a new OHS assessment is likely to be required and the arrangement should only continue if/when the home site is assessed as safe. Termination arrangements The University or staff member may terminate the arrangement, by providing to the other party, at least 28 days written notice (or by agreement between the University and the staff member) working from home - hr standard - v0.1 Page 14 of 19

14 Section 9 : Application Staff wishing to make a request for working from home arrangements is required to submit an application to their manager for assessment. Refer to the Working from Home Arrangements Application (as shown below). The application will be reviewed and either approved or declined by the Manager. A written response will be provided to the staff on whether their application has been approved, denied, approved for a trial period, or if further information is required prior to any final decision being made. working from home - hr standard - v0.1 Page 15 of 19

15 working from home - hr standard - v0.1 Page 16 of 19

16 Section 10 : Responsibilities Staff It is the responsibility of staff to: cooperate with the University in complying with OH&S requirements ensure personal equipment used remotely is safe to use report any potential hazards in the remote work location be willing to review and modify arrangements as circumstances change from time to time take responsibility for delivering their own workload as agreed with their manager comply with the University Code of Practice, policies, procedures and the Working from Home Agreement Managers All managers must: consider all working from home arrangement requests on a case-by-case basis and in line with this HR Standard and the flexible work policy ensure all arrangements are consistent the University needs and this policy ensure all working from home arrangements are reviewed and assessed regularly throughout each year appropriately manage both the staff, their work, communication agreements and annual performance reviews ensuring the staff has the appropriate resources and equipment to effectively perform their remote work use appropriate discretion in granting, denying, altering and ending working from home agreements ensure budget considerations are reviewed document all decisions to grant, deny or end remote work request home location inspections where issues with the location are identified (as required) OH&S Representatives All OH&S Representative must provide OH&S assistance to staff and managers where appropriate to ensure issues and outcomes are actioned/resolved Human Resources Remain available to provide advice and support in relation to the application of the Flexible Work Policy and this HR Standard. working from home - hr standard - v0.1 Page 17 of 19

17 working from home - hr standard - v0.1 Page 18 of 19

18 Definitions Primary work location University third party representative working from home the home site the Agreement the working from home agreement work is the University business site detailed as the primary work location in the employment contract. is a third party vendor engaged by the University to perform a number of health and safety practices. For the purposes of this HR Standard, this may include safety assessments of the home site and the reporting of these assessments to the University. is the work performed at an staff s private dwelling for an agreed number of hours on a specific day or days for an agreed period of time. is the area designated in an staff s private dwelling which has been agreed by the University and the staff for use by the staff to perform home based work The La Trobe University Collective Agreement, as approved by Fair Work Commission ( the Agreement ). is the formal arrangement between the University and the staff for the staff to regularly perform some of their normal work duties at a home location for a defined period of time is the performance of duties that are directly related to the staff s contract of employment as directed by their manager. working from home - hr standard - v0.1 Page 19 of 19

19 Document Information Effective Date: 1 July 2015 Last Updated: N/A Review Date: 1 July 2017 Owner: Executive Director, Human Resources Sponsor: Deputy Director, Employee Relations Author: HR Policy Consultant N.B. This standard does not form part of an employment contract and the University may vary, revoke or replace this standard from time to time. working from home - hr standard - v0.1 Page 20 of 19