The outbreak of coronavirus epidemic has made the so-called “work from home” more common. About 90% of employees and 71%of employers believe that this form of providing work will enjoy growing popularity even after the pandemic. Nowadays, employers who want to commission work from home can choose between two forms of work provision – remote working and teleworking.
Remote working has been regulated by law very recently, under the so-called anti-crisis shield. Teleworking, however, has been present in the provisions of the Labour Code for a long time.
|Legal basis||Act on special arrangements for the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them (a regulation under the Labour Code is planned)||Labour Code (Chapter IIb)|
|Implementation method||employer’s order, consent of an employee is not necessary and the order to work remotely does not require changes to the contract||in the contract, agreement or regulations, the consent of an employee is required|
|Period of time||for a fixed period of time||for an indefinite period of time|
|Place of work||outside the place of permanent work||outside the company|
|Means to provide work||employer should provide employees with the necessary equipment, but it is also possible for an employee to use his or her own equipment but respecting the protection of confidential information and other legally protected secrets; furthermore, remote working does not have to be provided via electronic means of communication||means of electronic communication; employer should provide employees with the equipment necessary to perform work – it is possible to use the employee’s equipment for teleworking, but only if the employee receives an appropriate financial equivalent|
|Rules of implementation||
|Method of cancellation||when the provisions of the Act regulating remote work expire (they expire on 27 September 2020) or according to the will of the parties||if teleworking is undertaken during the period of employment, cancellation at the request of one of the parties to the contract within 3 months from the date of commencing work in this form, and in other cases, the procedure of agreement between the parties or amending termination shall apply|
To conclude, an employer who wants to commission work from home may choose between teleworking and remote working. However, it should be remembered that teleworking must be implemented with the consent of an employee. Such consent is not required for the introduction of remote working (an employee who refuses to work remotely may be punished with a disciplinary penalty). Another important difference is the duration – remote work can be ordered for a fixed period of time and teleworking for an indefinite period of time.
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