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Teleworker Agreement
Teleworker's Assignment
Selection Survey for Employees
Selection Survey for Supervisors
Telework Program Policy
Sample
Teleworker Agreement
This Agreement, effective ___________________, is between ______________, an employee (referred to as "Employee") and __________________(referred to as "Employer").
The parties, intending to be legally bound, agree as follows:
Scope of Agreement - Employee agrees to perform services for Employer as "teleworker." Employee agrees that teleworking is voluntary and may be terminated at any time, by either the Employee or Employer, with or without cause.
Term of Agreement - This Agreement shall become effective as of the date written above, and shall remain in full force and effect as long as Employee teleworks unless the agreement is terminated.
Termination of Agreement - Employee's participation as a teleworker is entirely voluntary. Teleworking is available only to eligible employees, at Employer's sole discretion. Teleworking is not an employee benefit intended to be available to the entire organization. As such, no employee is entitled to, or guaranteed the opportunity to, telework. Either party may terminate Employee's participation in the program, with or without cause, upon reasonable notice, in writing, to the other party. Employer will not be held responsible for costs, damages or losses resulting from cessation of participation in the teleworking program. This Agreement is not a contract of employment and may not be construed as such.
Salary, Job Responsibilities, Benefits - Salary, job responsibilities, and benefits will not change because of involvement in the program, except as they might have changed had Employee stayed in the office full-time, e.g., regular salary reviews will occur as scheduled, and Employee will be entitled to any company-wide benefits changes that may be implemented. Employee agrees to comply with all existing job requirements as now are in effect in the office.
Work hours, Overtime, Vacation - Work hours are not expected to change during the program. In the event that overtime is anticipated, this must be discussed and approved in advance with the manager, just as any overtime scheduling would normally have to be approved.
Work Schedule - The schedule for work performed at home is subject to negotiation with, and approval by, Employee's manager. The manager may require that Employee work certain "core hours" and be accessible by telephone during those hours.
Equipment - Employer may provide the necessary computer, modem, software, and other equipment needed for teleworking. All of these items remain the property of the company and must be returned to the company upon request. The computer, modem, software, and any other equipment or supplies provided by Employer are provided for use on company assignments. Other household members or anyone else should not use the equipment and software. Company-owned software may not be duplicated except as formally authorized. Employer will be responsible for insurance and maintenance of all company-provided materials.
Employee may use personal equipment for teleworking purposes. In such cases, Employee will be responsible for the maintenance and insurance required for the equipment.
Workspace - Employee agrees to designate a workspace within Employee's remote work location for placement and installation of equipment to be used while teleworking. Employee agrees to maintain this workspace in a safe condition, free from hazards and other dangers to Employee and equipment. Employer must approve the site chosen as Employee's remote workspace. Employee is expected to submit three photos of the home workspace to management prior to implementation.
Any company materials taken home should be kept in the designated work area at home and not be made accessible to others.
In the event that legal action is required to regain possession of company-owned equipment, software, or supplies, Employee agrees to pay all costs incurred by Employer, including attorney's fees, should Employer prevail.
Office Supplies - Office supplies will be provided by Employer as needed. Employee's out-of-pocket expenses for other supplies will not be reimbursed unless by prior approval of Employee's manager.
Worker's Compensation - Employer will be responsible for any work-related injuries under our state's Workers Compensation laws, but this liability is limited to injuries resulting directly from work and only if the injury occurs in the designated work area. Any claims will be handled according to the normal procedure for Worker's Compensation claims.
Liability for Injuries - Employee understands that the Employee remains liable for injuries to third persons and/or members of Employee's family on Employee's premises. Employee agrees to defend, indemnify and hold harmless Employer, its affiliates, employees, contractors and agents, from and against any and all claims, demands or liability (including any related losses, costs, expenses, and attorney fees) resulting from, or arising in connection with, any injury to persons (including death) or damage to property caused, directly or indirectly, by the services provided herein by Employee or by Employee's willful misconduct, negligent acts or omissions in the performance of the Employee's duties and obligations under this Agreement, except where such claims, demands, or liability arise solely from the gross negligence or willful misconduct of the Employer.
Dependent Care - Teleworking is not a substitute for dependent care. Teleworkers will not be available during company core hours to provide dependent care.
Income Tax - It will be the Employee's responsibility to determine any income tax implications of maintaining a home office area. Employer will not provide tax guidance nor will Employer assume any additional tax liabilities. Employees are encouraged to consult with a qualified tax professional to discuss income tax implications.
Evaluation - Employee agrees to participate in all studies, inquiries, reports and analyses relating to this program.
Employee remains obligated to comply with all of Employer's rules, practices, instructions and this Agreement. Employee understands that violation of any of the above may result in preclusion from teleworking.
I have read and understand this agreement and accept its conditions.
EMPLOYEE __________________________ DATE ______
EMPLOYEE MANAGER __________________________ DATE ______
PROGRAM DIRECTOR __________________________ DATE ______
Teleworker's Assignment is completed to define the specifics
of teleworking such as frequency, type of work to be completed, the number
of times the employee should communicate with the office, etc. The Assignment
is completed by the teleworker and the telemanager.
Sample
Teleworker's Assignment
Teleworking, or working from another location such as home or an office close to home, is an assignment that the company may choose to make available to some employees when a mutually beneficial situation exists.
Teleworking is not an employee benefit, but rather an alternative method of meeting the needs of the company. Employees do not have a "right" to telework. The arrangement can be terminated by either the employee or the company at any time.
Conditions for teleworking agreed upon by the teleworker and his/her supervisor:
1. The employee agrees to work at the following location:
2. The employee will telework ___________days per week.
3. The employee's work hours will be from _____a.m. to ______p.m.
4. The following are the assignments to be worked on by the employee at the remote location, with expected delivery dates:
5. The following equipment will be used by the employee at the remote location:
6. The employee agrees to call the central office to get his/her messages at least ______ times per day.
7. The employee agrees to get all supplies needed for teleworking from the company office. Reimbursement for out-of-pocket expenses for supplies will need prior supervisory approval.
8. Additional conditions agreed upon by the telemanager and teleworker are as follows:
I have reviewed the teleworker's assignment with _________________________prior to his/her participation in the company's teleworking program.
________________________________________________________________________
Date Supervisor Name Signature
The above material has been discussed with me.
________________________________________________________________________
Date Employee Name Signature
Selection Survey for Employees
The Selection Surveys can provide guidelines on selecting
appropriate employees and supervisors to participate in a teleworking program.
It prompts both the employee and his/her supervisor to consider many issues
sometimes overlooked when contemplating working from home.
Sample
Selection Survey For Employees
Teleworking is the concept of working from home or another
location (e.g., telework center) on a full or part-time basis. The attached
questionnaire must be completed by each person interested in participating
in the company's teleworking program. Every supervisor/manager must also
fill out a similar questionnaire on their employees who are interested in
teleworking. The results of both the employee and supervisor questionnaires
can be used for selecting the potential teleworker.
Teleworking Screening Survey for Employees
Name
Supervisor Classification Department
1. Please describe your current job tasks.
2. The following four groups of characteristics relate respectively to your existing work, to your future work as it can be adapted to teleworking, to you as an employee, and to your manager. Please rate each characteristic as either high (H), medium (M), or low (L) by placing the appropriate letter in each blank.
Existing Work Characteristics
Please rate the following according to your existing job requirements and
characteristics.
____ Amount of face to face contact required
____ Degree of telephone communications required
____ Autonomy of operation
____ Ability to control and schedule work flow
____ Amount of in office reference material required
Future Work as a Teleworker
Please rate the following job characteristics in terms of their adaptability
to teleworking.
____ Amount of face to face contact required
____ Degree of telephone communications required
____ Autonomy of operation
____ Ability to control and schedule work flow
____ Amount of in office reference material required
Employee Characteristics
Please rate the following according to your own characteristics as an employee,
and as a teleworker.
____ Need for supervision, frequent feedback
____ Importance of co workers' input to work function
____ Discipline regarding work
____ Desire/need to be around people
____ Potential friction at home if teleworking (e.g. interruptions due to
caring for sick
child or spouse)
____ Level of job knowledge
____ Quality of work
Supervisor Characteristics
Based on your perceptions of your supervisor's attitude towards teleworking,
and his/her management style, please rate your supervisor according to the
following.
____ Positive attitude toward teleworking
____ Trusts employee's ability to telework
____ Ability to establish clear objectives
____ Ability to communicate with employees
3. Considering the nature of your job, how much would you want to telework? (Circle one only)
(a) About once every 2 weeks (d) Three days a week
(b) About once a week (e) Occasionally for a special project
(c) Two days a week
4. What kinds of work would you expect to do while teleworking? (Circle
as many as apply.)
(a) Writing/typing (f) Research
(b) Word processing (g) Talking on the phone
(c) Data management/ computer programming (h) Email
(d) Administrative (i) Field visits
(e) Reading (j) Thinking/planning
(k) Other (please specify)
5. Given the amount of teleworking you want to do, and the kinds of work you would do while teleworking, what equipment/services would you need, and which of those do you currently have? (Check appropriate box.)
Need Currently Have
Computer/terminal ____ ____
Printer ____ ____
Modem ____ ____
Desk, filing space, other furniture ____ ____
Facsimile machine ____ ____
Voice Mail ____ ____
Other (please specify) ____ ____
6. Do you have adequate space in your home to dedicate to working?
(a) Yes (b) No
7. Are there any distractions/obligations that will make working at
home difficult or
impossible?
(a) Yes (b) No
Selection Survey for Supervisors
Sample
Selection Survey For Supervisors
Teleworking is the concept of working from home or another location (e.g., telework center) on a full or part-time basis. Every supervisor/manager must fill out a questionnaire on their employees who are interested in teleworking.
Teleworking Screening Survey for Supervisors
Name
Names of employees under your direct supervision who are considered candidates for teleworking:
1. Is the work done by any of your staff as it currently exists or with modifications suitable for teleworking, at least part of the time?
(a) Yes
(b) No, please explain why:
(This completes the survey for you -- thanks!)
2. Please describe the kind of work your employees do:
3. The rest of the survey should be completed for each of your employees who are interested in participating in the teleworking program. Some questions, such as those dealing with your management style, will probably have the same answers for each employee. Please rate each characteristic as either high (H), medium (M), or low (L) by placing the appropriate letter in each blank.
Some questions, however, will inevitably have different answers for different employees. Please duplicate this form for each employee.
Existing Work Characteristics
Please rate the following according to your employee's existing job requirements
and characteristics.
____ Amount of face to face contact required
____ Degree of telephone communications required
____ Autonomy of operation
____ Ability to control and schedule work flow
____ Amount of in office reference material required
Future Work as a Teleworker
Please rate the following job characteristics for your employee in terms
of his/her adaptability to teleworking.
____ Amount of face to face contact required
____ Degree of telephone communications required
____ Autonomy of operation
____ Ability to control and schedule work flow
____ Amount of in office reference material required
Employee Characteristics
Please rate the following according to your employee's characteristics.
____ Need for supervision, frequent feedback
____ Importance of co workers' input to work function
____ Discipline regarding work
____ Desire/need to be around people
____ Potential friction at home if teleworking (e.g. interruptions due to
caring for sick child or spouse)
____ Level of job knowledge
____ Quality of work
Supervisor Characteristics
Based on your attitude towards teleworking and work style, please rate the
following.
____ Positive attitude toward teleworking
____ Trust employee's ability to telework
____ Ability to establish clear objectives
____ Ability to communicate with employees
4. What criteria do you use to evaluate your employee's work? (For example: quality of work, quantity of work, timeliness, etc. Please be specific.)
5. Considering the nature of your employee's jobs, how much would you
want him/her to telework? (Circle one only)
(a) About once every 2 weeks (d) Three days a week
(b) About once a week (e) Occasionally for a special project
(c) Two days a week
6. What kinds of work would you expect him/her to do while teleworking? (Circle as many as apply.)
(a) Writing/typing (f) Research
(b) Word processing (g) Talking on the phone
(c) Data management/ computer programming (h) Email
(d) Administrative (i) Field visits
(e) Reading (j) Thinking/planning
(k) Other (please specify)
The Telework Policy provides guidelines on the teleworking program. It defines the parameters of the teleworking arrangement. The policies must fit the existing corporate culture.
Sample
Telework Program Policy
Teleworking, or telecommuting, is the concept of working from home or another location on a full- or part-time basis. Teleworking is not a formal, universal employee benefit. Rather, it is an alternative method of meeting the needs of the company. The company has the right to refuse to make teleworking available to an employee and to terminate a teleworking arrangement at any time. Employees are not required to telework. Employees have the right to refuse to telework if the option is made available.
The company's policies for teleworking are as follows:
Compensation and Work Hours
The employee's compensation, benefits, work status and work responsibilities
will not change due to participation in the teleworking program.
The amount of time the employee is expected to work per day or pay period will not change as a result of participation in the teleworking program.
Eligibility
Successful teleworkers have the support of their supervisors. Employees
will be selected based on the suitability of their jobs, an evaluation of
the likelihood of their being successful teleworkers, and an evaluation
of their supervisor's ability to manage remote workers. Each department
will make its own selections.
Upon acceptance to the program both the employee and manager will be expected to complete a training course designed to prepare them for the teleworking experience. All teleworkers must sign an agreement.
Equipment / Tools
The company may provide specific tools/equipment for the employee to perform
his/her current duties. This may include computer hardware, computer software,
phone lines, email, voice-mail, connectivity to host applications, and other
applicable equipment as deemed necessary.
The use of equipment, software, data supplies and furniture when provided by the company for use at the remote work location is limited to authorized persons and for purposes relating to company business. The company will provide for repairs to company equipment. When the employee uses her/his own equipment, the employee is responsible for maintenance and repair of equipment.
A loaner laptop may be provided when available. Loaner computers will vary in performance and configuration. Loaners must be returned upon request.
Workspace
The employee shall designate a workspace within the remote work location
for placement and installation of equipment to be used while teleworking.
The employee shall maintain this workspace in a safe condition, free from
hazards and other dangers to the employee and equipment. The company must
approve the site chosen as the employee's remote workspace. Employee is
expected submit three photos of the home workspace to management prior to
implementation.
Any company materials taken home should be kept in the designated work area at home and not be made accessible to others.
Office Supplies
Office supplies will be provided by the company as needed. Out-of-pocket
expenses for other supplies will not be reimbursed unless by prior approval
of the employee's manager.
Worker's Compensation
During work hours and while performing work functions in the designated
work area of the home, teleworkers are covered by worker's compensation.
Liability
The employee's home workspace will be considered an extension of the company's
workspace. Therefore, the company will continue to be liable for job-related
accidents that occur in the employee's home workspace during the employee's
working hours.
The company will be liable for injuries or illnesses that occur during the employee's agreed-upon work hours. The employee's at-home work hours will conform to a schedule agreed upon by the employee and his or her supervisor. If such a schedule has not been agreed upon, the employee's work hours will be assumed to be the same as before the employee began teleworking.
The company assumes no liability for injuries occurring in the employee's home workspace outside the agreed-upon work hours.
The company is not liable for loss, destruction, or injury that may occur in or to the employee's home. This includes family members, visitors, or others that may become injured within or around the employee's home.
Dependent Care
Teleworking is not a substitute for dependent care. Teleworkers will not
be available during company core hours to provide dependent care.
Income Tax
It will be the employee's responsibility to determine any income tax implications
of maintaining a home office area. The company will not provide tax guidance
nor will the company assume any additional tax liabilities. Employees are
encouraged to consult with a qualified tax professional to discuss income
tax implications.
Communication
Employees must be available by phone and email during core hours. All client
interactions will be conducted on a client or company site. Participants
will still be available for staff meetings, and other meetings deemed necessary
by management.
The company will pay work-related voice and data communication charges
Evaluation
The employee shall agree to participate in all studies, inquiries, reports
and analyses relating to this program.
The employee remains obligated to comply with all company rules, practices and instructions.
The Teleworker Agreement is a legal document identifying the responsibilities
of both the teleworker and the employer. The agreement mirrors the policies.
The employee signs the agreement.
Source: Telework Colorado
