PM Modi’s work from home call for austerity: Can your company deny you WFH? Labour laws explained

How WFH was enforced during Covid?

The Covid-19 pandemic was the first instance of work from home being adopted globally, in order to contain the spread of the corona virus.

During the pandemic, Union and State governments used emergency powers under the Disaster Management Act, 2005, Epidemic Diseases Act, 1897 and State disaster-management regulations to make WFH legally enforceable.

The Union Home Ministry had also issued binding guidelines asking offices to operate remotely wherever possible.

Exceptions

In absence of a separate law concerning WFH arrangement, employers can legally ask employees to work from office.

However, there are some situations when employees may have stronger grounds to request flexible work arrangements. Under laws related to disability accommodation, maternity protection, workplace safety, or medical needs, employees can ask for WFH or remote work arrangements.

For example, Section 5(5) of the Maternity Benefit Act, 1961 specifically allows employers and employees to mutually agree on WFH arrangements after childbirth.

These laws, however, do not mandate universal right to work from home and are only exceptions.