Minister for Development, Labour and Technology 19 May This year, he addressed to public and interministerial consultations a bill introducing remote work to the Labour Code. It is a draft law on amending the Act – Labour Code, the Act on occupational and social rehabilitation and the employment of people with disabilities and the Act on the Promotion of Employment and Labour Market Institutions.
The adoption of the project would allow remote work to continue, even after the end of the project 3 months from the date of cancellation of the outbreak COVID-19.
Currently, remote work performed on the basis of the Act COVID-19
Remote work has been introduced to counter COVID-19. This allows employers to recommend remote work in this particular situation, which is pandemic. Remote work was introduced by the law COVID-19. To date, regulations require remote work to be introduced only for the duration of the epidemic or epidemic threat declared due to COVID-19 and for a period 3 months after their cancellation.
Important solutions included in the project
The bill provides for several important solutions which will precisely define the conditions for the performance and determination of remote work.
It introduces a definition of remote work.
The new meaning of the term implies that remote work is a work of doing work wholly or partially at the place of residence of the worker or at another place determined by the worker and the employer, in particular by means of direct distance communication.
Remote work established during or after the conclusion of a contract of employment
The new government project assumes that this type of work can be determined not only when concluding an employment contract. This will also be possible during employment. According to the project, both the employer and the employee will be able to leave.
In specific cases, the employer will issue a remote work instruction
Specific cases include, for example, the duration of the emergency situation, the emergency situation, the epidemic situation and the period 3 months after their cancellation.
In addition, the employer will be able to issue a remote work order if, for reasons which are independent of him, it is not possible to provide safe and hygienic working conditions for workers.
In the above-mentioned situations, the employee will be obliged to send a declaration demonstrating that he has the local and technical conditions for such work.
Remote operation rules set out in the Agreement or the Rules of Procedure
The draft law seeks to regulate the obligation to define rules for the performance of remote work primarily in the agreement between the employer and the union organisation. If no such agreement is concluded, the employer should lay down the rules for remote work in the rules laid down by him.
Remote work at the request of an employee
The draft law allows the possibility of such work also at the request of an employee, even if the above-mentioned agreement or rules of procedure have not been concluded.
Withdrawal from remote work within a period 3 months
The government project included a provision introducing the possibility for the employer or worker to withdraw from remote work. Such a decision would have to be taken within the time limit 3 months after the start of remote operation.
Obligations of the employer vis-à-vis a remote worker
The employer's duties to a remote worker should, inter alia, be provided with materials and tools to perform remote work. In addition, he would be obliged to cover the costs directly related to remote work. The employer would also have to enter into an agreement on the use of private tools and materials in remote work.
Prohibition of discrimination against a remote worker
The project aims at establishing a prohibition of discrimination against a remote worker. 9. The worker has the right to stay at the workplace
From the government's point of view, it is also important to guarantee the remote worker the right to reside in the workplace. This would be done on a general basis.