What happens if my boss asks me to work from home but without a remote contract?

SO Sol AR 📗 Student 👁 53 ⚑ Report Labor Law

About 6 months ago they told me I'd be working from home because of the company situation, but they never updated my contract or anything. I'm still on the same in-office contract. Now they want me to keep doing it but without changing anything on paper. Is that even legal or could they get me in trouble later?

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★ Best answer

Ask in writing that they update your contract before this becomes a bigger issue: if something goes wrong later and you only have an on-site contract, the company can argue that you breached your work obligations or flat-out deny you protections you'd have if you were registered as a remote worker. Documenting everything now puts you in a much stronger position.

I went through something similar a while back and ended up getting myself into a mess because I didn't ask to have anything adjusted in the contract, so when the company ran into problems later, I was left in a weird position with no protection. The thing is, if your contract says on-site but you're working from home, technically the company isn't honoring what you signed, but you're also in a vulnerable position because there's no clear documentation of what the agreement is now; if something goes wrong, insurance and benefits can end up in a gray area. The best thing is to ask in writing (email, Teams, whatever) that they update the contract to reflect remote work, or at least confirm in writing that it's remote but with no changes to your terms. It costs nothing to formalize it and it protects both you and the company, but if they tell you no, that's definitely a red flag because it means someone wants something that only benefits one side.

It's not legal for you to work from home on an on-site contract without updating anything. If a problem comes up later - an accident, a workplace conflict, getting fired - you're in a weak position because there's nothing documented backing up your actual situation. Ask your boss in writing (email, message) to formalize the change to remote work; if they refuse, consult with an employment lawyer before things get more complicated, because the company is playing with ambiguity that could hurt you.

The situation you're describing is pretty risky and not well covered legally. If your contract says "on-site" but you're working remotely, there's a gap between what the paper says and reality, and that leaves you vulnerable. If something goes wrong later - a workplace accident at your house, a firing, a conflict over hours or responsibilities - the company can use that old contract in their favor and you're left without documentation backing up how you're actually working.

What you should do is ask in writing (email, message, whatever but something on the record) to update your contract to reflect remote work. It's not you being picky, it's mutual protection. Specify the terms: whether it's 100% remote or hybrid, what the hours are, where you're keeping company documents, how confidentiality is handled in your home, all of that. If the company refuses or lets it slide, at least you've got that email where you asked to formalize things - that protects you.

Some people say they've been through this and it ended badly, and it's because they let time pass without a document. Don't wait, don't let them "get used to" you working remotely without updating anything. The more time that goes by like this, the harder it gets to argue later what the actual arrangement was. Move on it now while everything's running smoothly, it's way easier than negotiating when there's already a problem.

Don't brush this off like it's nothing, but don't dramatize it either - what's happening is pretty common and it has a solution. The people above are right that there's a legal gap, but it doesn't automatically put you in trouble; the risk depends more on how things go from here. What matters now is that you ask them in writing (email, work chat, whatever) to update your contract with remote work terms, explaining that you've been working like this for 6 months and you want everything to be in order. If they refuse or ignore you, that's when you document everything because that silence from the company is what leaves you vulnerable if a labor dispute or firing comes up.

Your company is playing with fire because there's a legal gray area that hurts you more than them - if something goes wrong (an accident, a labor dispute, a firing), your on-site contract doesn't protect you while working remotely and they can claim it was never official. The practical thing is to document everything in writing from now on: send your boss an email confirming that you've been working from home for 6 months and ask them to regularize the situation in your contract, even if it's just a simple addendum that updates your work arrangement. If they don't respond or dodge the issue, at least you have proof that you asked and that they knew about the mismatch - that covers you way better than staying silent and hoping for the best.

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