REMOTE WORK: LEGAL CHALLENGES TO PROTECT THE HEALTH OF EMPLOYEES DURING WORKING HOURS

Abstract

The rapid proliferation of remote work, accelerated by technological advancements and global events, has presented novel legal challenges concerning employee health and safety. Traditional workplace regulations, designed for physical office environments, often fail to adequately address the unique risks associated with remote work. This paper examines the legal challenges faced by employers in ensuring the health of remote employees during working hours. It explores the complexities of defining "workplace," establishing duty of care, managing occupational health and safety (OHS) risks, and ensuring equitable access to health-related resources. Through a review of existing legislation, case law, and scholarly literature, this paper identifies gaps in legal frameworks and proposes potential solutions to enhance employee health protection in the remote work context.