Working from home has become increasingly popular in the wake of
Covid-19 (coronavirus). This article examines the legal
implications of working from home.
1. Preliminary issues
a. Entitlement to work from home
In Hong Kong, there is no statutory right to work from home. In
some cases, the employment contract may provide a right to work
from home. Where no contractual rights exist, it may be possible to
agree to work from home in certain situations.
b. What is working from home?
Working from home is an arrangement whereby the employee
performs his/her work from home. It could be a temporary feature in
response to special circumstances or it could be a permanent
arrangement.