If you are interested in more information, please contact our human resources expert Jia Gorik, data protection expert Michal Zahradnék, or your contact in our office. Although a worker cannot be unilaterally ordered to work from home, more specific rules may be adopted for the Home Office in the form of internal regulations, to which can be referred later in individual home service agreements. It is positive that internal regulations can be unilaterally changed by the employer without the need to change the various agreements with workers. With regard to the registration of working time, particularly for overtime worked in the home office, the employer should carefully monitor these records and, if necessary, review them without delay. Otherwise, the worker is at risk of recovering unpaid overtime for up to three years, as, in the case of the home office, the right to overtime compensation cannot be excluded and that section 317 of the labour code (with exemptions for workers who do not work in the employer`s workplace, but who perform the work agreed upon during the working time they themselves have planned) generally does not apply, since traditional work schedules in the Home Office are scheduled by the employer. In general, it is up to the employer to choose a fixed or flexible schedule, which consists of mandatory and optional hours. Remote work is a permanent or temporary agreement between employees and managers to work from a non-office site for more than [three days]. Working from home for up to [two days] or working from home some days a week on a recurring basis are situations covered by our domestic policy work. They are probably among the many employers who have been suddenly forced to adopt a home policy following the sudden onset of the coronavirus pandemic. Previously, the Home Office was probably not allowed in your business, or perhaps only in limited cases. Note that Law 262/2006, the Collection, the Labour Code (the « Labour Code ») and occupational health and safety provisions apply fully to work at home.
In our experience, employers often make mistakes when it comes to home offices. HR will discuss insurance needs with employees. Employees may be required to take out proprietary insurance to cover the company`s equipment costs. The HR may, if necessary, reimburse part of the coverage. Monitoring an employee working from home is usually a problematic area. Here, too, it is necessary to comply with the relevant provisions of the labour code concerning the supervision of workers by the employer, as well as other rules relating to the protection of privacy and personal data. Under the labour code, the employer has the right, without the employer`s consent, to verify, by appropriate means, whether the worker is using the employer`s work tools, including computer or telecommunications equipment, for his or her personal needs. Monitoring of the worker in the workplace (including the domestic environment) is only possible if a compelling reason is based on the particular nature of the employer`s activity. All controls must be proportionate and staff should be informed of the extent of monitoring and its implementation.