New regulations on remote work – amendment to the Labour Code

A new version of the draft amendment to the Labour Code and certain other acts, authored by the Minister of Family and Social Policy, was recently published on the Government Legislation Centre website. The declared aims of the amendment are:

1. to enable employers — in justified cases — to introduce preventive employee testing for the presence of alcohol or substances acting similarly to alcohol in their bodies, and

2. to introduce regulations regarding remote work as a permanent solution, also after the pandemic.

Remote Work as a Permanent or Partial Form of Employment

According to the draft and the information from the Ministry of Development and Technology published on the government website:

• Remote work is to be performed fully or partially at a location chosen by the employee and agreed upon each time with the employer, including at the employee’s home address, especially using electronic means. Therefore, both fully remote and hybrid work will be possible — according to the needs and agreements of the employee and employer.
• Agreement between the parties concerning remote work may be concluded both at the time of entering into the employment contract and during the course of employment.
• The rules for performing remote work will be established as follows:
  • For employers with trade unions — by agreement between the employer and the workplace trade union organisation, or in an employer-established regulation if no agreement is reached,
  • For employers without trade unions — in a regulation established by the employer after consultation with employee representatives.
• The draft law also specifies the minimum content of the agreement with the trade union organisation, the regulations, the agreement with the employee, or the remote work instruction.
• Remote work may also be ordered by the employer in special circumstances, namely:
  • During a state of emergency, epidemic threat, or epidemic, and for up to 3 months after their cancellation, or
  • If necessary due to the employer’s obligation to ensure safe and hygienic working conditions, when, for reasons beyond the employer’s control, ensuring such conditions at the employee’s usual workplace is temporarily impossible.
• Such an order will require the employee’s statement confirming they have the local and technical conditions to perform remote work. The assessment in this respect rests solely with the employee.
• The draft specifies the group of employees whose request to perform remote work will generally be binding for the employer — these are employees raising a child up to 4 years old, and certain employees who are parents of children with disabilities, as defined by law.
• Remote work will be permissible at the employee’s request even if no agreement or regulation has been issued.
• The draft contains a prohibition on terminating an employee’s contract due to refusal or cessation of remote work, as well as a ban on discrimination against employees working remotely.

Employer Costs

• The employer will be obliged to:
  • Provide the employee with the materials and work tools necessary to perform remote work,
  • Cover costs directly related to remote work (primarily costs related to installation, servicing, operation, and maintenance of the tools necessary for remote work, as well as electricity costs and telecommunications access),
  • Provide the employee with technical support and necessary training on how to use the tools required for remote work.
• The employer will be required to specify data protection rules for information provided to the remote worker and, as needed, conduct instruction and training. The employee will have to confirm that they have familiarised themselves with and will comply with these rules.
• Employees working remotely will be entitled to access the employer’s premises, communicate with other employees, and use the employer’s facilities, social rooms, and social activities on the same basis as other employees.
• The draft introduces an important change for employers, allowing all employee requests that require written form under the Labour Code — for example, requests for time off in exchange for overtime — to be submitted in paper or electronic form, including by email.
• Remote work may also be performed occasionally at the employee’s request (up to 12 days per calendar year).
• As a general rule, the employer will fulfil obligations arising from Chapter Ten of the Labour Code, excluding:
  • the obligation to organise a workstation according to occupational health and safety (OHS) regulations,
  • the obligation to maintain safe conditions of work premises and technical equipment,
  • obligations concerning work premises and buildings,
  • the obligation concerning sanitary facilities and personal hygiene means.
• Work tools and materials used by employees for remote work must comply with Labour Code regulations, whether provided by the employer or the employee uses their own equipment.
• The employer is responsible for providing the employee with materials and tools necessary for remote work.
• Remote work may also be performed using tools not supplied by the employer. In such cases, the parties may agree on terms for their use, and the employee will be entitled to compensation (or a lump sum) agreed between the parties.
• Initial OHS training for persons hired for remote work may be conducted entirely via electronic communication means.
• All employees working remotely will be subject to periodic OHS training (under general rules), except those performing remote work occasionally.
• To facilitate preparing the workspace for remote work, the employer must conduct a risk assessment of hazards most likely encountered by the employee at their residence.
• An employee performing remote work may not be assigned:
  • particularly dangerous tasks,
  • tasks resulting in exceeding permissible physical factor limits for residential premises,
  • tasks involving hazardous or harmful substances, corrosive, radioactive, irritating, allergenic, or unpleasant-smelling substances, or those that are dusty or heavily soiling.
• Accidents occurring during remote work will be investigated under the relevant accident-at-work regulations, respecting the employee’s right to privacy and home peace. This means the employer must appoint an accident investigation team to establish the circumstances and causes of the accident.
• Reporting a remote work accident will constitute consent to the inspection of the accident site. The inspection should be conducted immediately following accident procedure; however, for remote work, the timing will be agreed between the employee and the investigation team. If the team finds that inspection is unnecessary — for example, if the employee’s medical documentation and other evidence suffice to determine the accident’s causes — they may waive the inspection.

The draft is currently under consideration by the Legal Committee.