Australia approves law guaranteeing up to two days of home office per week

The state of Victoria, Australia, passed a law that guarantees workers the right to request up to two days of home office per week when the role allows. The measure, which will come into force on September 1, is part of a broader reform in state legislation aimed at equal opportunities at work.

Under the proposal, employees will be able to formally request to work from home up to two days a week. Companies may refuse the request, but will need to provide justification based on the needs of the business or the characteristics of the role the worker performs.

According to the state government, the new rule seeks to increase flexibility in the labor market and reduce time spent commuting, in addition to facilitating work-life balance.

The right to work from home will apply to workers whose activities can be carried out remotely. In other words, occupations that require physical presence, as part of functions in industry, commerce or face-to-face services, are not subject to the rule.

There is also a period for small businesses to adapt: ​​businesses with fewer than 15 employees will only need to comply with the new rules from July 1, 2027, according to the Victorian government.

Debate on hybrid work

The proposal comes amid a global debate about the future of home and hybrid working. After the most critical period of the Covid-19 pandemic, many companies began to encourage a partial or total return to the office, while some workers continue to defend more flexible models.

For the Victorian government, making the work-from-home order a formal right could help balance this relationship and ensure that remote working is considered whenever possible.

On the other hand, business entities expressed concern about the proposal, as they claim that it could increase operational costs and reduce companies’ flexibility in organizing work. Some groups also argue that the measure could cause difficulties in activities that depend on face-to-face teams or constant interaction between employees.

How does Brazil work?

Here, home office is already provided for in labor legislation, but it works differently. Teleworking was incorporated into the CLT in the 2017 labor reform and had rules updated in 2022, during the Covid-19 pandemic.

The legislation allows companies to adopt total or hybrid remote work, as long as the regime is formalized in a contract or agreement between employer and employee.

Unlike the Australian proposal, however, there is no legal right in the country to a minimum number of home office days. In practice, defining the work model (in-person, hybrid or remote) is usually the responsibility of companies and negotiations with employees.

The ideal format for organizing work continues to be debated in several countries. While some companies are reinforcing their return to offices, initiatives such as the one adopted in Victoria indicate that governments are also beginning to discuss clearer rules for remote work in the post-pandemic period.