Probationary period
Changes to the Labour Code with effect from 1 March 2021.
Work from home or telework is performed
Work from home or telework does not include work which the employee performs occasionally or under exceptional circumstances upon the employer’s consent from the employee’s home if the nature of work allows it. In addition, work from home or telework does not include a situation when an employee temporarily performs work from home due to technical reasons at the workplace, an exceptional situation, etc.
Telework means work performed regularly from the employee’s home with the use of information technologies in which remote electronic data transfer is performed regularly.
Home and working time arrangement
The definition of employee’s home is specified. The employee’s home means the place of his or her performance of work outside the employer’s workplace. This can include the place where the employee lives or any other place determined by the employee.
Work from home, telework must be agreed in the employment contract or in an annex to the employment contract. The employment contract must define the extent of working time of the performance of work which is carried out in the employee’s home (the entire working time or only certain days) or the extent of the working time of the performance of the employee’s work at the employer’s workplace (when work from home or telework is not supposed to be carried out only from the employee’s home). The agreement must also determine whether the employee will arrange his or her working time alone or whether work from home or telework will be performed in a flexible working time arrangement.
When the employee arranges their own working time when working from home or teleworking:
In case an employee temporarily cannot perform his or her work and the idle time is caused by the employer, the employee is entitled to wage compensation. This might include for example the failure to deliver work-related documentation, technical problems, unscheduled repair of technical equipment.
From 1 March 2021, a new obligation is introduced for an employee performing work from home, telework, to immediately inform the employer about technical problems related to the failure of hardware or software or issues with internet connection which prevent the employee from performing work.
For work from home and telework, it is important to stress the prohibition of discrimination. An employee performing work from home, telework must not be given any advantages or disadvantages over a comparable employee who performs work at the employer’s workplace. This means that the employee working from home must have comparable working conditions.
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