The President has signed an amendment to the Labor Code, which introduces into the Code a definition of remote work as a permanent form of work provision, repeals regulations on telework and introduces the possibility of controlling an employee’s sobriety, the President’s Office said.
“The law mainly concerns two basic legal issues:
1) enabling employers to conduct workplace checks on employees for the presence of alcohol or alcohol-like drugs in their bodies;
2) the introduction of remote work as a permanent form of work provision authorized by the Labor Code […] and the repeal of the existing regulation on telework, according to the announcement.
According to the Labor Code, if necessary to ensure the protection of life and health of employees or other persons or the protection of property, the employer may introduce sobriety control of employees. He should notify the introduction of the control no later than two weeks before it is to be carried out.
The amendment also introduces provisions on remote work.
Remote work may be performed wholly or partially at a location designated by the employee and agreed with the employer in each case, including the employee’s home address. The agreement can be made at the conclusion of the employment contract or during employment. Remote work may also be requested by the employee.
The employer is obliged to grant the request for remote work of a pregnant employee, an employee raising a child up to the age of 4, as well as an employee caring for a family member of a person in a joint household with a disability certificate.
The amendment indicates that remote work does not include, among other things, particularly hazardous work, and also introduces the possibility of occasional remote work at the request of the employee, not exceeding 24 days per year.
Remote work may also be performed at the behest of the employer:
– during a state of emergency, a state of epidemic emergency or a state of epidemic emergency and for a period of 3 months after their cancellation, or
– during a period when it is impossible for the employer to provide safe and hygienic working conditions due to force majeure
– if the employee makes a statement that he or she has the premises and technical conditions for performing remote work.
The amendment indicates that the employer is obliged to provide the employee performing remote work with materials and work tools, including technical devices, necessary for the performance of work. If in tools belong to the employee, he is entitled to a cash equivalent in the amount agreed with the employer (or a lump sum).
The employer has the right to inspect the performance of remote work by the employee, He shall carry it out in consultation with the employee at the place of work.
The law will enter into force 14 days after the date of promulgation with the exception of the provisions on remote work – these provisions will enter into force 2 months after the date of promulgation.
