2. New work modalities should be implemented in order to continue with the provision of services; the telework case.
Many companies used the pandemic as a trial period for this model, and many of them will keep it after this crisis.
For the appropriate implementation of this modality, a number of key aspects should be reminded: participation is voluntary and revocable; companies should perform an assessment of the positions that may qualify for telework; the relevant policy must be issued; a telework agreement must be executed or either an addendum to the employment agreement; and the appropriate supervision and oversight methods should also be defined as well as internal procedures for each of the companies, based on their needs.
Finally, it should be noted that employment relationships remain active and actions carried out by workers may still result in disciplinary procedures and/or penalties.
3. Change internal procedures of companies.
As a result of the COVID-19 pandemic, many internal procedures at companies have changed. Some of these include:
Changes in communication processes: COVID-19 led to the normalization of online and telematic platforms for staff communications. The crisis caused all workers to understand the need to communicate through these channels.
Changes in recruitment processes: Recruitment processes are no longer what they used to. Now, they are conducted almost entirely by electronic means. Having said that, a number of elements should be considered in order to properly perform said “telematic” recruitment processes: i) there are data protection issues, ii) discrimination should be avoided, and iii) these processes have the same validity and effects as those conducted face-to-face.
Changes in internal processes: Disciplinary, feedback, documentation or information requests, supervision and employee exit procedures are some of the processes that have undergone more changes. Even though we can elaborate further on these procedures, the important thing here is to implement said changes in the right way and always consulting your trusted advisor, since they have the same validity and potentially the same consequences or lead to the same claims as regular or face-to-face modalities.
4. Confidentiality and data protection are given more relevance.
Following the application of alternative models such as telework or the application of measures to keep your company data safe, e.g. employee information; companies are giving more relevance to confidentiality and data protection issues.
Thus, internal regulations and legal documentation have been issued to protect the confidential nature of said information as set forth in Article 7 of the Non-Disclosure Information Act, which is highly valuable for companies.
5. Compliance programs have been established in connection with occupational health, hygiene, and risks issues.
Many companies have established compliance programs in connection with occupational health, hygiene, and risks; as well as the issue of internal guidelines and regulations for purposes of complying with international and local regulations on these matters.
The incorporation of these changes and the severity in the application of compliance and risk management programs will survive even after the pandemic. Many companies, which lacked a compliance department to date, are creating such departments and those with preexisting ones are growing.
These are changes that from the author’s perspective have been notably observed and that will remain as lessons learnt for companies once the effects from COVID-19 have finally passed.
Collaboration by our lawyer: Javier Guerrero Álvarez / email@example.com
If you have any questions please email us at: firstname.lastname@example.org, indicating the country about which you are submitting your query.