Employees can also achieve greater flexibility and balance between their work and home lives. As wonderful as it seems, telecommuting requires careful planning and consideration to make it work. This article outlines some of the issues you should consider and how to address potential problems. Legal Issues Telecommuting arrangements may be governed by special regulations. Employers are also prohibited from paying homeworkers less than the rate paid to employees doing the same job on the employer's premises.
Constructive dismissal is also an area of concern with telecommuters.
Constructive dismissal arises where the actions of an employer are such that they have, in effect, terminated an employee. This will occur where there is a significant change in the duties or remuneration of an employee. If you suddenly require an employee who had been working on site to work from home, the employee may be able to argue that he or she has been constructively dismissed. Conversely, unless you expressly reserve the right to have the employee return to the regular workplace should the arrangement be unsuccessful, the right to work at home may become a term of the employment relationship. This means that an employee could claim constructive dismissal if you forced him or her to return to the regular work site.