"Home Office" or Remote Work
It is increasingly common for an employee not to work solely at the employer's workplace but to arrange with them to work from home, or any other suitable location. However, this agreement must now be made in writing between both parties. Failure to do so may result in a fine of up to 300,000 CZK from the labor inspectorate for the employer. The remote work agreement can be incorporated directly into the employment contract or into an agreement on work performed outside of employment, or it can be arranged separately.
Content of the Remote Work Agreement
The Labor Code does not specify what must be included in the agreement, but it is highly advisable to arrange the place of remote work, its scope, or how the individual days when the employee will be on "home office" will be determined or approved, the method of scheduling work hours, communication methods, assignment and supervision of tasks - what systems the employee must be connected to during work for collaboration with colleagues, for example. It is also practical to mention in the agreement how health and safety at work will be ensured, how costs incurred during remote work will be compensated, the possibility of terminating the remote work agreement, and the requirement for the employee's necessary cooperation in keeping records of working hours.
Conditions of Remote Work
Once an employee is working remotely, the employer is obliged to schedule the work. If it is more advantageous for both parties, they can agree that the employee will schedule their working hours themselves. However, they must always respect the requirements set by the Labor Code, which include a maximum shift length of 12 hours and taking breaks from work after no more than 6 hours of work. It is also possible to adjust in the agreement the times when the employee may not schedule work – typically at night, on holidays, and weekends.
Not every employee can perform remote work; it is not an entitlement, but the employer must always respect the prohibition of discrimination and ensure equal treatment for all employees. However, the nature of the work may simply exclude the possibility of performing it remotely. If the employer refuses remote work, they must justify this to the employee.
Compensation for Remote Work
The costs of remote work can be compensated in two ways. Either the employee documents the actual expenses incurred, which can be administratively challenging, or they can receive a fixed allowance determined by a decree. For the year 2024, the decree sets the compensation at 4.50 CZK for each hour worked. The employer and employee can also agree on an arrangement where the remote work is carried out without compensation, but this must also be arranged solely in writing.
Termination of Remote Work
If the parties are no longer interested in continuing remote work, they can terminate its performance by agreement, or by notice, for any reason or even without stating a reason, with a 15-day notice period, but always in writing.
FOR FURTHER INFORMATION, PLEASE FEEL FREE TO CONTACT US:
Mgr. Martina Petlachová, Legal Advisor - contact: petlachova@chslegal.eu
Mgr. David Cigánek, Attorney and Partner - contact: ciganek@chslegal.eu