Amid the growing popularity of remote work, known as the „home office“, specific requirements for the employment contract for remote work are becoming established, and the rights and obligations of the parties to it are being defined. Case law on issues relating to this type of contract has yet to accumulate, a key issue being the proof of a work accident in home conditions.

Remote work (or „home office“) is a form of work organisation in which the employee performs his duties outside the employer's premises through the use of information technology. Unlike home-based work, this type of employment requires the activity to be, or to be capable of being, carried out at the employer's offices.

Legal options for remote work

Under the Labour Code, the parties to the employment relationship may:

  • conclude an individual employment contract for remote work;
  • sign a supplementary agreement to the existing employment contract for the transition to remote work;
  • agree on a mixed working arrangement, in which the employee alternates between remote work and on-site work at the office.

The employee cannot be obliged to switch to working from home or vice versa. If he refuses to change his place of work, this cannot be grounds for adverse consequences, such as termination of the employment relationship.

An exception is made only where a state of emergency or an extraordinary epidemic situation is declared. In such cases the employer has the right, unilaterally and temporarily, to assign remote work by order, without the need for the employee's consent or the conclusion of a supplementary agreement.

All requirements of the Labour Code regarding the conclusion and termination of the employment contract, disciplinary liability, and so on, also apply to an employment contract for remote work. A probationary period may also be agreed. At the same time, however, there are a number of specific features that the parties must bear in mind.

Place of work

In remote work, the place of work is the employee's home or another place of his choosing outside the employer's premises.

More than one place of work may be specified (for example the employee's home and holiday home), and in some cases even an address abroad. In these situations the employee must notify the employer of the days on which he will work at the different places. If the employee chooses a place of work in another populated area, or if he will work from more than one address, the employer must submit a notification to the НАП.

Working hours, rest periods and leave

Working hours in remote work may be agreed in the employment contract, in the internal labour regulations or by order of the employer. The start and end of the working day, as well as the rest periods, should be clearly set out.

  • The parties may agree that the employee will not perform overtime or night work and/or work during public holidays.
  • The employee may organise his own working time so as to be available during the periods when the employer and business partners are in communication, unless otherwise agreed.
  • The employer must approve a document for recording working time; the record may be on a monthly or other basis, and the employee is responsible for the accuracy of the data.

Those working remotely have the same rights to leave as all other employees. It is important to clarify how the employee will submit a leave request and how the employer will approve it. In the event of an inspection by the Labour Inspectorate, electronic forms such as e-mails or internal platforms are considered inappropriate, unless the requests are signed with an electronic signature.

Costs of equipment and consumables at the place of work

The employment contract must specify the conditions for the work-related, technical and other equipment of the workplace, including responsibility for the costs of maintenance, repair or replacement. It is possible for certain equipment to become the property of the employee after a specified period or upon termination of the employment relationship.

The employer bears the costs of:

  • equipping the workplace – computers, printers, office furniture and consumables;
  • the necessary software;
  • repair and maintenance of the equipment;
  • communication devices, including the internet connection;
  • data protection and others.

The contract may stipulate that the employee will use his own equipment, with the employer covering only the consumables (for example printer paper). It is also possible for the costs of consumables, internet and electricity to remain at the employee's expense. The employer may pay a one-off or periodic sum to cover these costs, on which no insurance contributions are due.

The contract should include clauses to prevent misuse of the equipment provided.

Protection of personal data and official information

The employer must provide for rules on the protection of personal data in remote work, including where software for monitoring the work process is used. Monitoring must be limited to the employee's working hours and must not infringe his personal space.

It is important that the employee be informed in writing of his responsibility and of the sanctions for breaching the rules on the protection of personal data and official information. This information must form part of the employment contract.

Healthy and safe working conditions

The employee must set aside a specific space in his home for a workplace, and the employer should carry out a risk assessment for that place, including measuring the illumination and other factors.

The employer is obliged to provide information on healthy and safe working conditions, including the rules for working with video display screens and the company's requirements for the organisation of the workplace.

Employees are responsible for complying with the company's health and safety requirements at work. The employer has the right of access to the employee's workplace in order to assess the risk and carry out ongoing monitoring, but must notify the employee in advance of the date and time of the visit. The visit must take place within the agreed working hours, and the employee is not entitled to refuse access without a valid reason.

Mixed working arrangement

A mixed working arrangement may be agreed between the parties; most commonly a monthly schedule is drawn up for alternating the days of remote work and work at the office. This schedule must be signed by both parties and may be agreed on a one-off basis as part of the contract.

In the event of an inspection by the Labour Inspectorate, a paper copy of the schedule bearing the signatures of both parties will be required. There is no obstacle to the employee using an electronic access control system for the office in order to register his presence at the workplace.

If you need a consultation in connection with the requirements for an employment contract for remote work, contact us on telephone 0887550706 or by e-mail: [email protected]