Netherlands Takes The Step To Make Work-From-Home A Legal Right: How Will This Affect Singaporean Employers And Workers?

Prior to the pandemic, working from home was a rarity. Few office workers enjoy the flexibility of working from home on a regular basis. Some may perhaps have this boon granted by their supervisors (subject to work exigencies). Working from home was largely a treat: a privilege granted when you have put in extra hours (and need some recovery time), or perhaps an understanding granted by a compassionate supervisor when your family demands are overwhelming but you can’t afford to take leave.

The pandemic changed this as businesses pivoted to working from home during the lockdowns and safe management restrictions. Now that we are gradually resuming to our pre-pandemic lifestyle, most of us are also returning back to office. Yet, for many Singaporeans, this routine of going back to office feels a lot more difficult than before. Almost half of those surveyed in an Institute of Policy Studies (IPS) study felt that flexible working arrangements should be the new norm for workplaces while about 20% felt that working from home should be the new norm.

While we debate this change in work preferences in Singapore, the Netherlands has moved towards making work-from-home as a legal right. So, what does this mean for Singaporean employers and workers?

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Singapore Government Is Taking A Soft Stance On Flexible Work Arrangements (Including Work-From-Home)

Unlike the Netherlands whose parliament has approved legislation (pending final approval by their Senate) to establish working from home as a legal right, Singapore is unlikely to do so, at least in the near future.

As emphasised by the Ministry of Manpower during the Committee of Supply 2022, “we should be careful not to take an overly rigid approach that risks creating a litigious workplace culture with more disputes, or inadvertently affecting the employability of those we seek to help”.

Instead of enshrining the right to work from home in legislation, Singapore is taking the softer approach of guidance and providing resources to help companies implement working from home and flexible work arrangements (FWAs) in a practicable and sustainable way.

For employers, this may be a relief as it means that workplaces can gradually adapt to new work arrangements instead of being forced into a sudden change. Meanwhile, workers can also expect some form of support as the tripartite moves to encourage companies to offer FWAs.

Tripartite Approach To Flexible Work Arrangements (FWAs)

As of 22 April 2022, the Tripartite partners (Ministry of Manpower (MOM), the National Trades Union Congress (NTUC) and the Singapore National Employers Federation (SNEF)) have released a statement to encourage companies to sustain and promote flexible work arrangements (FWAs).

This statement not only exhorted companies to offer FWAs as a permanent feature of the workplace (including working from home) but also provided support. These supports include:

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The Public Service Is Taking The Lead By Allowing Officers To Work From Home For 2 Days A Week On Average

This soft stance doesn’t mean that the government is not taking action. The Public Service is taking the lead by transiting to flexible work arrangements. On average, officers may telecommute for 2 out of 5 days per work week for officers whose work allows for telecommuting. About half of the jobs in the Public Service has been assessed to be suitable for telecommuting.

Aside from telecommuting (or working from home), other forms of flexible work arrangements such staggered work hours, part-time work, may also be considered and individual agencies have their own autonomy in implementing them in line with their operational considerations.

Employers Should Recognise Workers’ Changed Preferences For Flexible Work Arrangements And Working From Home

While the government not legislating the right to work-from-home in Singapore, employers should be cognisant that workers’ preferences have changed after the pandemic.

According the IPS report on Attitudes towards Work and Workplace Arrangements Amidst COVID-19 in Singapore, almost half of the respondents felt that flexible working arrangements should be the new norm for workplaces.

Amongst those who felt that working from home or flexible work arrangements should be a new norm, about 30% felt that employees should be allowed to work from home 4 to 5 days a week. Respondents who were younger, had younger children or are currently working from home are also more likely to feel that employees should be allowed to work from home for more days every week.

Recognising and addressing these changed preferences is important as workers are also likely to act on them. About 40% of the respondents indicated that they would consider looking for another job if their employer required them to return to office on most days.

For private sector companies, it may be time to start seriously thinking about flexible work arrangements as a permanent feature instead of just mandating employees to return to office.

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