In view of the current situation, we have prepared a brief overview of the basic points to be observed when working from home.
1. Agreement on work from home
Previously, work from home could not be ordered, but only agreed. However, following the recent amendment to the Labour Code, the conditions for teleworking have changed, as follows:
- the employer is entitled to order the employee to work from home if the agreed type of work allows it; and
- the employee is entitled to work from home if the agreed type of work allows it. This means that if the employee requests to work from home, the employer should enable him to do so.
This regulation is valid during the extraordinary situation, state of emergency or crisis and during two months after its termination.
2. Occupational health and safety during work from home
Work from home is still work carried out in accordance with the employer’s instructions. An employee who works from home can also suffer an accident at work for which the employer is responsible. We therefore recommend that at least the minimum standards for working from home, instructions regarding safety at work, working hours and forms of communication be laid down in writing.
3. Agreement on BYOD / technological equipment of the employer
In many cases, employees will work on their own devices. Apart from concerns about the security of this access to company databases and other sensitive information, the conditions for the use of technical equipment (PC, mobile phone, etc.) owned by the employee must be contractually regulated. The agreement on BYOD (bring your own device) can be part of the agreement on work from home or an independent document. The aim of the agreement is to regulate the compensation for the use of the employee’s technical equipment, including other things such as utility networks, insurance, office equipment, cleaning, wear and tear, etc.
4. Guideline on work from home
The uniform conditions of teleworking (conditions of use of technical equipment, communication with the employee during teleworking, recording of working time, etc.) can also be set out in a complex way in an internal directive which the employee signs together with the agreement on teleworking.