Remote work and the upcoming
amendment to the Labour Code
In the face of a pandemic, remote work model has become the best temporary solution for many employers. Temporarily, employees carried out their duties at home rather than at the office, working full time or part time.
To many employees it was a very convenient solution, as there was no more need for commuting to work, and the work hours were often much more flexible. Along with the gradual easing of COVID-19 restrictions came the idea of codifying the rules of remote work. Whether the pandemic soon comes to an end or not, it is necessary to make amendments to the Labour Code regarding remote work.
A mutually beneficial remote work model
The term “remote work” has been used for over a year, ever since businesses had to adapt to the restrictions imposed by the government which limited social and professional contact. Employers happily used this opportunity to maintain financial liquidity and reduce mass layoffs. With time, remote work proved to be even more beneficial, as it helped reconcile the private life with the professional one, save up on the costs of maintaining rented office space, decreased the probability of taking sick leaves and the costs connected to commuting. Due to the new economic environment, changes to the Labour Code, which would enable utilizing the remote work model even after the COVID-19 pandemic is over, have been proposed.
Remote work and the proposed changes
The Ministry of Economic Development, Labour and Technology began work on amending the Labour Code in March 2021 and is now in the process of perfecting the amendments in question. The Council of Ministers will receive the draft no sooner than in July this year. The proposed changes will affect both the employees and the employers, and provide a more precise definition of remote work. According to the definition, remote work is a type of work carried out full time or part time at home or in a different location indicated by the employee.
This means that employees and employers can choose between a remote or hybrid work model. The type of model must be agreed on by both parties. For this reason, the Labour Code will include the obligation to define the rules of remote work. More importantly, these rules can be set at any time of employment. The amendment will also include the possibility of working remotely on occasion (12 days a year).
Compensation – what is the employer obliged to provide?
The employer is obliged to provide the means for direct communication with employees who work remotely, for example by supplying each employee with a desktop or a laptop, a phone or a stable Internet connection. In line with the amended Labour Code the employer will be obliged to ensure all tools necessary for remote work, and cover the costs connected to it. Moreover, technical support will have to be available to all employees, as well as all workshops and OSH courses shall be conducted online.
Employee’s duties – what an employee should keep in mind?
An employee who works remotely will have to report in detail on the carried out duties. The report should include the type of tasks performed, and the time spent on each of them. This way, an employer can make sure that employees fulfil their duties. Before deciding on a remote work model, the employee must confirm that their individual place of work meets the conditions of traditional work in terms of technical and work environment requirements.
Remote work as the new normal
If the new amendment is approved, remote work model will gain a more official status. It will no longer be perceived as a solution resulting from a state of emergency but as a highly beneficial alternative which may be the work model of choice for many employers and employees.