CHANGES IN LEGAL REGULATION OF "HOME OFFICE"

#08Changes in legal regulation of "home office"

On 2 April 2020, the National Council of the Slovak Republic approved an amendment to Act No. 311/2001 Coll. Labour Code, which introduces several changes in connection with the coronavirus.

In normal circumstances, "home office" may be considered only work performed occasionally or in exceptional circumstances with the consent of the employer or in agreement with an employer at home or at a place other than the usual place of work, m, provided that the type of work performed by the employee is in accordance with an employment contract and job description.

Usually, e.g. in times that are not an emergency, the employer would not be able to order the "home office" unilaterally, as the legislation requires an agreement with the employee. However, with coming into effect on 4 April 2020, in emergency situations, state of emergency or extraordinary situation, and two months after their dismissal, the employer has the right to order the employee to work from "home office" if the agreed type of work allows, including if the employee does not agree. At the same time, the employee also has the right to perform work from his household if the approved type of work allows it. Suppose there are no severe operational reasons on the employer that would not allow the performance of work from the household.

During the duration of the "home office" the employer and the employee have the following rights and obligations::

1. the employer has to pay the increased costs of using the employees' facilities to the employees.
2. the employer is obliged to provide safe work equipment suitable or adapted for the employee's respective work so that the safety and protection of the employee's health is ensured during its performance.
3. the employer should also partially supervise the work of the employee from home. A suitable solution is, for example, sending a daily report by the employee to a specific hour, defined by the employer, sending the prepared documents, making telephone calls, video calls, etc;
4. the employee is entitled to regular remuneration for work.
5. if an employee has worked more than four hours a day, he is entitled to a meal allowance.

The National Labour Inspectorate further recommends to employers to:

1. evaluate the risks of irregular and flexible working time arrangements.
2. enable employees to make contact with colleagues through means of distance audio-visual communication.
3. ensure employees' rotation, i.e., to alternate performance from the typical workplace and home.