On what terms will remote work be applicable from September 5, 2020?
The coronavirus pandemic has caused much confusion in workplaces. After the introduction of the restrictions, some companies decided to work remotely. The provisions on working from home included in the special acts expire on September 4.
Employers who opted for remote work could find regulations regarding its performance in anti-crisis shields. These laws have given them the ability to manage the company without exposing employees to the coronavirus.
The COVID laws have implemented, among others:
- the possibility of commissioning an employee to work remotely without the consent of the employee, provided that the employee is able to perform his duties outside the workplace (the nature of the work and the local and technical conditions allow this);
- an employee who uses materials and tools not provided by the employer must ensure that their use does not violate confidential information and other legally protected secrets that may expose the employer to harm;
- obligation to keep records of the tasks performed at the employer’s request.
Due to the increasing number of cases in the recent period, it can be expected that many workplaces will want to continue working from outside the company’s premises. However, further regulation is needed in this regard.
In the act amending the act on the posting of workers within the framework of the provision of services and some other acts, which has already been signed by the president, we find a provision relating to remote work. Pursuant to it, the performance of the obligations specified in the contract outside the permanent workplace applies to the period of the epidemic threat or epidemic state announced due to COVID-19, as well as the period of 3 months after their cancellation. Article 4, which includes the above regulations, entered into force on September 5.
Currently, remote work is regulated only in anti-crisis shields. The provisions on its implementation will be extended from 5 September. However, it cannot be ruled out that soon there will also be draft changes to the Labor Code regarding such a system of work.