Remote work is carried out fully or partially outside the employer’s premises. This could be the employee’s home or another place. The employment agreement may set a specific place of work. Otherwise, the place of work is the place where employees normally conduct their work.
The specific conditions of remote work are agreed upon in writing in the employment agreement.
There are some general statutory rules of remote work; however, parties may agree upon different rules in their employment agreement:
Employers who have employees working from home are obliged to do the following:
Employees who work remotely are obliged to do the following:
In line with the latest practice, employers shall be held liable for accidents at the “narrowly defined” place of work. According to the Ministry of Innovation and Technology, this applies to a small (2–4 m2) area in which employees perform their work.
To control the observance of the health and safety requirements and rules, the employer has limited access to the employee’s home office only within working hours and after a mandatory prior notification.
Employers are advised to prepare an internal policy to set the remote work general rules and conditions in light of the health and safety regulations. The employer may and shall examine the remote work location to ensure that the employee can work in a way that is in line with the safety regulations.
Employees working from home must enjoy the same individual and collective rights as all employees, including benefits. Employers must also ensure they offer training, development and promotion opportunities to remote work employees. If they do not, they may be seen as in breach of contract or might see employees raise discrimination allegations. Employers must also ensure that employees don't work beyond the maximum daily working hours.
Employers who would like to monitor employees' remote work (use of email or website visits) must first obtain the employee's and any representative's consent. Employers must inform employees if they are monitoring them and give a reason for it. Moreover, employers should put in place a clear, written policy and procedure.
Recommendations for employees working from home: