Specific provisions from 8 March 2020 has been passed due to the spread of viral infections SARS-CoV-2. It introduces specific measures to minimise public health risks, which complements the basic rules contained in particular In the Act dated 5 December 2008 to prevent and combat infections and infectious diseases in humans.
one from preventive action is the instruction of a remote worker. He's regulating it. Article 3 A law which states that the employer may “recommend the worker to perform, for a specified time, the work specified in the contract of employment outside the place of permanent performance of the contract (remote work)”.
The consequence of this provision is that an employer may give an employee an order to carry out his duties at home. This does not require the employee's permission, even if he has not worked like this before.
The law does not regulate most home office issues, so to a large extent it should be the result of arrangements between an employee and an employer, consistent with the overarching principles of labour law, i.e. non-discriminatory workers and providing them with tools to work.
The exceptional state of crisis management is governed by its rights, so let's keep this in mind when posting tasks online.
The employer should pay the worker to whom he orders remote work, the same remuneration as when he did his job at the office
What must an employer take care of when posting to home office?
The employer should pay the worker to whom he orders remote work, the same remuneration as when he did his job at the office.
The decision to recommend remote work depends solely on the employer. However, it is worth remembering that he is responsible for the health and safety at work (207 section 1 KP). The employee may, on the other hand, apply for such a procedure, but his application does not bind the employer in any way.
Such an order need not be in writing. The same as any other service instruction can be issued by stopping, email or SMS. The employer can confirm this in writing.
Employers commissioning tasks in the form of home office usually provide service equipment to operate. The employee's use of his own equipment will require that the employee be allocated an equivalent for the use of the equipment. In determining the amount of the equivalent, account should be taken mainly of: the consumption standards of equipment, its market prices and the amount of material used for the needs of the employer.
The employer must provide virtual access to business files, disks, supported platforms and networks. It is worth taking care of earlier, as this may require the help of computer scientists.
If the company does not have a CRM system with the ability to share documents, it should use popular network drives such as Dropbox or Google Drive.
In some professions, teleconferencing and videoconferencing systems are necessary for the proper performance of duties, enabling online meetings and communicators. The employer should provide workers with access to them.
Remote work not for all
Remember that not all types of work qualify for home office mode. It is possible to do work outside the office in competitions such as graphics, copywriter, translator or accountant. In other sectors – requiring direct contact with the customer, other employees or simply presence in the workplace – the Act does not apply.
Home office is a common practice in many large companies used even before the coronavirus pandemic. Companies that have not implemented remote work so far will be able to try this mode of operation. If this solution works, we can expect employers to offer home office to their employees even after the pandemic has been resolved.