Why Working From Home Should Be a Legal Right, Not a Reward

The debate over remote work is reaching a tipping point. While some companies are demanding a return to the office, governments in Australia and Portugal are moving in the opposite direction—by enshrining the right to work from home into law.

The Push for Legal Protection

The Australian state of Victoria was set to enforce a legal right to work from home starting September 2026. But just weeks before implementation, the new premier, Ben Carroll, announced a year’s delay after intense business opposition. Meanwhile, in Portugal, parents of young children already have the legal right to work remotely without needing their employer’s approval. These developments raise a critical question: should workers have a legal right to work from home?

Profit vs. Wellbeing

Some argue that firms should have full discretion over working arrangements, including remote options. But giving bosses complete control risks prioritizing profitability over employee wellbeing. There are countless reasons why workers might prefer remote work: avoiding a long, costly commute, enjoying a midday jog, or picking up children from school. When bosses hold all the power, these personal needs are often ignored.

Sceptics claim that giving in to workers’ preferences harms productivity. Yet even if remote work were less productive—which is hotly debated—productivity isn’t the only thing that matters. Wellbeing is equally important, and for many, the option to work remotely significantly improves it.

Arbitrary decisions are a real problem too. A recent study found that “narcissistic leaders” often demand a return to the office simply to stroke their egos. And the suggestion that workers can “just quit” if they don’t like their employer’s policy is unrealistic. Switching jobs often requires relocation, retraining, and a competitive job market. A legal right to remote work would protect employees from such whims.

Gender Equality at Stake

Another compelling reason to enshrine remote work rights is gender equality. When women have children, they often move to lower-paid part-time jobs or leave the workforce entirely, widening the gender pay gap. Remote work can help mothers in office-based careers maintain their professional trajectory while managing school runs. Research shows this reduces the gender pay gap.

However, social scientists warn of a new glass ceiling: women may self-select into remote roles, which are less likely to be promoted. Economist Nicholas Bloom even argues that employers shouldn’t let employees choose their WFH days to avoid this two-track system. But this logic is flawed—taking away the option entirely makes things worse for women.

Remote work can also increase unpaid care work at home, but the solution isn’t to ban it. Instead, we need to change outdated gender norms. Portugal offers an innovative approach: parents in remote-compatible jobs must take turns working from home, ensuring mothers aren’t always the ones staying in.

The Road Ahead

Bosses are clawing workers back with return-to-office mandates, often ignoring wellbeing and gender equality unless it impacts their bottom line. Society should care. At least partially removing these decisions from employers’ hands could better serve these ideals. We stand at a fork in the road: let firms roll back remote work, or have governments step in. The case for leaving it to bosses isn’t as straightforward as it seems.