Critics object particularly to the planned obligation of employers to provide safety training to employees working remotely, ensure the safety of their work environment and take responsibility for injuries. The duty of ensuring that home office employees are not prevented from contact with other employees was also considered controversial.
The second most criticised measure is the responsibility of employers to provide employees with or reimburse them for the tools necessary to work from home, such as computers, the Internet, phone, as well as energy. These payments should take the form of an unspecified flat rate.
MLSA: Home office will not be restricted. The proposal will harmonise current practice with the law and better protect employees
The Ministry of Labour and Social Affairs rejects fears that the proposed amendment to the Labour Code could restrict home office.
"Opinions have emerged in some media and on social networks that the amendment to the Labour Code should make it difficult or virtually impossible to work from home. These statements are based on false and unsubstantiated information. The proposed amendment does not restrict home office; the existing obligations are only accurately expressed to be in accordance with current practice and, at the same time, the proposal includes the possibility of individual agreements," said ministry spokesman Petr Habáň.
In a press release, the ministry also summarised the main points of the proposed amendment, along with arguments regarding their legitimacy.
-
Employers are already obliged to ensure work safety, pay documentable expenses and be responsible for work-related accidents.
-
Occupational health and safety is not mentioned at all in the proposed legislation (there is no need to visit the homes of employees; adequate employee training and commitment to meet work safety requirements is enough for non-hazardous work).
-
The proposed amendment allows the payment of flat-rate costs.
-
The proposal enables mutual alternating of work at the employer's workplace and home office even within a single shift, which has been completely ignored in the existing legislation.
-
Further, it will become possible for employer and employee to agree on whether the employee will set their own work schedule or have home office working hours determined by the employer. This also is not addressed in the current legislation.
-
An employee's work, regardless of location, has always been on behalf of the employer, at their expense and is their responsibility. However, at many companies, actually working from home falls outside the legal framework. The proposed amendment thus aims to reflect more the current practice of working from home.
-
The employer's obligation to ensure and safeguard communication between employer and employee may be inferred from the current legislation; the same applies to the duty of the employee to protect information they work with at home.
A table of proposed modifications to the Labour Code related to the institute of home is available here (in Czech only).
What do you think about the proposed rules for working at home?
-kk-