Working remotely from a location other than one’s primary residence during the summer may seem like a minor perk, but when granted selectively, it creates conflicts that aren’t always what they appear to be. It is becoming increasingly common for some employees to be able to work remotely from another location during the summer. The question is whether the company should allow this for everyone equally.
In many organizations, allowing remote work during the summer months or the holiday season has become a common tool for flexibility. Working from another city, a second home, or even a different environment than usual is no longer exceptional. However, that flexibility is not always granted under the same conditions to the entire workforce. And that is where the doubts begin.
Because when some employees can do it and others cannot, the first reaction is often to think that an unfair or even discriminatory situation exists.
Remote work in the summer is not, in and of itself, an automatic or uniform right for
the entire workforce.
One of the most common mistakes in these types of situations is confusing equality
with uniformity. The principle of equality does not require a company to apply the
same conditions to all employees under all circumstances. What it does require is
something different: that any differences have a reasonable justification and are not
based on arbitrary or prohibited grounds. In other words, the key is not whether
differences exist, but why they exist.
The difference in treatment will only be problematic if it cannot be objectively
justified.
Differences between groups within the company
In practice, many companies have groups of employees who are not in the same situation. There may be differences in duties, responsibility, availability, work system, or even in the applicable legal framework.
For example, an employee subject to a collective bargaining agreement is not the same as one governed by specific contractual terms outside of such an agreement.
These differences are not irrelevant. They are precisely what can justify certaine easures, such as teleworking during vacations, being applied differently.
To constitute discrimination, the situation must be comparable. If they are not, the company has greater discretion.
Teleworking as a Flexibility Measure
Teleworking—and the option to work from a location other than one’s usual residence—is typically viewed as a measure of organizational flexibility. It is not always an essential term of the employment contract. This means that the company
may impose certain conditions, requirements, or even limitations on its application, provided it does so based on reasonable criteria.
In many cases, these decisions aim to compensate for certain job requirements,
such as greater responsibility, availability, or flexible hours.
The less essential the measure is, the greater the company’s ability to adjust its application.
What happens when there are no specific regulations
Another relevant aspect is whether the collective bargaining agreement or internal
regulations address this type of situation. When there are no specific regulations
regarding teleworking during certain periods, the company has greater leeway to
organize this matter. However, that leeway is not absolute. It must be exercised
consistently and based on criteria that can be explained and defended in the event
of a dispute.
The absence of specific regulations does not mean total freedom, but it does
expand the company’s organizational flexibility.
Teleworking during vacations will continue to be common practice in companies. But
it will also continue to cause conflicts if not managed wisely. It is not a matter of
applying the same rules to everyone, but rather of knowing when it is possible to
make exceptions and how to justify them. That is where the problem is truly avoided.
Rather than avoiding differences, what matters is being able to defend them
consistently and with sound reasoning.
For more information, consult our Labor Advisory Service
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