Should Flexible Working Be A Right, And Not Just A Privilege?

• Flexible working as a right or privilege involves complex considerations, balancing individual employee needs with employer concerns and the operational realities of different industries.
• The evolving conflict over workplace location and models encompasses potential collective bargaining for remote work, potential corporate migration, and governments possibly legislating flexibility as a right.
• The rise of digital nomadism and remote work visas reflects a broader trend towards valuing work-life balance and personal autonomy, potentially influencing where both individuals and companies choose to operate.

While the reasons workers and companies continue playing tug-of-war with returning to the office or staying remote are countless, the fundamental question that lives at the heart of the issue is: Should flexible working be a right, and not just a privilege? 

Flexible working arrangements have become more prominent, driven by advancements in technology, changes in societal expectations, and accelerated by the global shift in work patterns due to the pandemic. 

These arrangements can include variation in work hours, the opportunity to work remotely, job sharing, and more. As we consider whether flexible working should be a right rather than a privilege, several factors come into play.

The debate between want and need

To begin with, flexible working can contribute to a better work-life balance, which is a significant factor in mental health and overall well-being. Employees with caregiving responsibilities, for instance, may benefit from such arrangements, as it allows them to better manage their personal and professional commitments. Flexibility in the workplace can also lead to increased employee satisfaction, retention, and potentially, productivity.

On the other hand, employers have legitimate concerns about the manageability of flexible working on a widespread scale, including challenges related to coordination, sustaining company culture, information security, and ensuring that performance standards are met. 

It’s also important to recognize that not all jobs or sectors can accommodate flexible working due to the nature of the work — consider manufacturing or healthcare services, which typically require on-site presence.

On the issue of rights versus privileges, rights are typically associated with fundamental human needs and societal standards, and are often legally protected. If flexible work is positioned as a right, it implies that it should be accessible to all without undue discrimination. Yet, framing it this way also raises questions about enforceability, exemptions, and the readiness of industries to adapt to such a shift.

Looking at it as a privilege, however, suggests that flexible working is an additional benefit that employers can offer at their discretion. This could potentially exacerbate inequalities, as those in higher-skilled or in-demand roles may be more likely to negotiate for flexibility, while others in more precarious employment situations may not have that bargaining power.

Deciding if flexible working should be a right involves balancing these complex considerations, including the diversity of employment sectors, the nature of various job roles, and the differing needs of both employees and employers. 

With most things in life, there might not be a one-size-fits-all answer; rather, the approach to flexible working should be context-specific, considering the industry, the nature of the work, and the individual circumstances of workers.

There’s an emerging conflict in the future of work

As we look to the future of work, a silent struggle simmers beneath the surface, pitting advocates of returning to the office (RTO) against those championing work-from-home (WFH), remote, and hybrid models. 

This conflict raises profound questions about the trajectory of our working lives: Will this tension escalate into a full-blown confrontation where workers unite in “union-like” collectives to negotiate en masse? Or will governments step in to decree that remote work, in all its variations, is a fundamental right akin to the increasing access to broadband as a public utility?

The landscape of labor is undeniably shifting. The World Economic Forum has projected that 1.2 billion employees worldwide could be impacted by automation and AI within the next decade, potentially disrupting $14.6 trillion in wages. This technological revolution is not only reshaping what jobs exist, but also where and how they are performed. Remote work, once a niche option, has burgeoned into a mainstream demand, with many employees now viewing it as a right that aligns with work-life balance, personal autonomy, and well-being.

The digital nomad trend: global mobility and the allure of remote work visas

The rise of digital nomadism further complicates the picture. With an estimated 32.6 million American remote workers by 2025, the trend towards a mobile lifestyle is unmistakable. Countries like Spain have already begun to capitalize on this shift, offering remote work visas to attract these modern workers, suggesting a potential for mass migrations to nations that offer superior work/life dynamics.

Corporate adaptation and migration

Employers are not blind to these changes. As workers become more mobile and countries compete for talent, companies may also consider relocating to take advantage of favorable conditions. This could lead to a new form of corporate migration, seeking locales that not only provide tax benefits but also cater to the lifestyle desires of a highly skilled, mobile workforce.

Workers will begin bargaining for remote work

In this evolving scenario, collective bargaining could gain new relevance. Workers might organize to negotiate terms that reflect their priorities for flexibility and autonomy, as seen in the concept of bargaining units. However, the nature of these negotiations could transform, focusing less on traditional workplace concerns and more on the nuances of remote work arrangements.

​​Government might have to debate remote work as a legal right

Governments, too, may find themselves at a crossroads. With remote work becoming a blue state privilege in some regions of the U.S., policymakers might face pressure to legislate remote work as a legal right, ensuring equitable access across the socioeconomic spectrum. In fact, the U.K. came out with a bill last July that grants employees a day-one right to request flexible working arrangements, which will come into effect on April 6, 2024. 

If more legislation is developed, policymakers need to create nuanced regulations that provide guidance on implementing flexible work arrangements to ensure fairness and to address the evolving expectations of the workforce while recognizing the operational constraints of businesses.

Ultimately, the future of work may hinge on a delicate balance between individual choice and collective action, employer adaptability, and government policy. Whether this leads to a harmonious integration of diverse work models or a contentious battle for the soul of the workplace remains to be seen. But one thing is clear: the world of work is on the cusp of a transformation that will redefine the very fabric of how, when, and where we earn our livelihoods.