Remote work, or home office, or homeworking, as a flexible way of working, has spread especially during the pandemic. With growing popularity, it was necessary to adequately define the boundaries and conditions under which the home office can be used. The amendment entered into force in October 2023 Act No. 262/2006 Coll., Labor Code (hereinafter referred to as "Labour Code"), and some changes also affected the adjustment of remote work, which we will now look at in more detail.

Written agreement

Remote work is only possible on the basis of written agreements between employee and employer. However, the employer does not have to comply with the employee's request for a home office in all cases. In the case of pregnant employees, employees who care for a child under the age of 9, or employees who mostly take long-term care of a person considered to be dependent on the help of another natural person at least in the second degree, it is necessary that their dissenters the employer justified the decision in writing. But there is also an exception when a written agreement is not needed. This is a regulation of remote work based on the regulation of a public authority, and only for the absolutely necessary time if the nature of the work allows it.

The Agreement may be terminated by written agreement or may be terminated in writing for any reason or without reason with fifteen days' notice beginning on the day on which the notice is delivered to the other party. A different length of notice period can be negotiated in the remote work agreement, the notice period must be the same for both parties. It is also possible to agree that neither of the contracting parties can terminate the obligation from the agreement.

When absence of a written agreement a penalty may also be imposed by the labor inspectorate, as it will be about offense, for which a fine of up to CZK 300.000 can be imposed.

Working hours layout

In the home office mode, the employee can schedule the working time himself, or the employer schedules it for him, or both participate in the schedule. The change brought about by the amendment to the Labor Code concerns the right to wages or salary for overtime work and additional pay for work on public holidays.

Reimbursement of costs

The employer can pay the costs incurred by the employee during the home office in different ways. It can cover:

• actual incurred and proven costs,
• costs calculated on the basis of a lump sum determined by the decree of the Ministry of Internal Affairs and Communications, or
• the employer and the employee can agree that the employer will not reimburse the employee for the costs.

With the so-called "contractors", it is necessary to have the right to reimbursement of costs explicitly agreed upon.

Remote work is being used more and more and it was therefore necessary to better specify it directly in the Labor Code. At the same time, we recommend incorporating the home office adjustment into the internal regulations as well.

If you are not sure which legal aspects of working from home relate to your situation or you need advice on setting up employment contracts or internal policies for the home office, do not hesitate to contact us. Our experts in the field of labor law are ready to provide you with all the necessary assistance and ensure that your business complies with all legal standards. Contact us and we will help you resolve all ambiguities and ensure the smooth running of your company even when working from home.

Source: leagle.one

Mgr. Lucie Špičková, a lawyer

Eva Hrdličková, legal assistant