Since the same spring 2020, the phrase home office has been firmly inscribed in our everyday dictionary. For some, a distant robot is a gift from above, for someone a punishment. And how is the issue of home office regulated by Czech law? In the regime of work from the office, the employer is responsible for creating a productive work schedule of employees, which regulates the issue of remuneration in case of lack of work. or, conversely, overtime. This is the main difference compared to working in the home office mode, which is still unusual in our country, when an employee can organize a working day for himself.

Advantages and disadvantages of teleworking

The first danger on the way to a productive work process in a cozy and familiar home is procrastination. Before the chaotic year of 2020, home office robots were, to put it mildly, a dream for almost every office worker for a few days, but this may not be such a good idea for workers who are prone to procrastination and need constant supervision and a work environment. be productive. On the other hand, for those who do not have problems with self-organization, a home office can be a great opportunity to create the ideal schedule for the balance between robot and vacation.

A major disadvantage of working from home can also be the lack of mechanisms for receiving wage supplements or other benefits in connection with processing, working on holidays, weekends or at night. But we wouldn’t be lawyers if we didn’t find any loopholes here. And so, in order for the employee to receive compensation, he must provide correspondence where the employer agrees with the employee’s remark that the task will require overtime. whether from home or office.

As far as the employer is concerned, the undoubted advantage of the home office regime is a significant reduction in the risks of spreading Covid 19 among its rare employees and, in fact, the ability to maintain a work regime, avoid general incapacity for work and all kinds of self-isolation. Once the work-from-home regime is refined and adjusted at the legislative level, it will also prove to be a great tool for saving the costs of operating and renting large office space.
Of course, teleworking also has its downsides. This mainly concerns the difficulties with the effective organization of the workflow. Therefore, the home office regime entails the need to establish certain control mechanisms, specific rules for internal procedures and communication between employees themselves and the employer.
The issue of protecting confidential data and company information from unwanted leaks can also be a big issue. Under normal circumstances, it is considered very risky and therefore highly undesirable for employees to use their personal computers due to their weaker security. In order to prevent any interference with the company’s information by third parties, the best solution would be for employers to provide employees with work computers, which will be used only within the established rules for their operation.

What the Labor Code says about the home office regime

The provisions of the Labor Code apply to the regime of work from home without change, with the exception of the rules for the adjustment of working hours or certain types of compensation in cases of downtime or processing.
The legal regulation of labor relations in the home office regime is currently extremely rare, even with regard to recent changes to the Labor Code. The very concept of home office is not specifically explained. The legislation only states that the robot must be executed at a workplace or other agreed location. The Labor Code thus allows for the possibility of the parties’ consent to the performance of the employee’s duties outside the workplace. This does not in any way mean that the employer can unilaterally transfer the employee to the home office and the employee does not have the right to claim the home office in the form of a complaint.

A separate item is also the issue of reimbursement of staff costs in connection with work from home: electricity, internet connection, mobile communications, operation of their equipment, paper, water, stationery, etc. § 2 in paragraph 2 states that all costs associated with must be paid by the employer. Section 151 of the Labor Code, in turn, obliges the employer to reimburse the employee for all costs associated with the work, provided, however, that the parties themselves agree on the procedure itself.
Therefore, it is desirable that the employer and the employee agree in writing on all working conditions at home, or make appropriate changes to the existing employment contract. This should be done in writing, as the rights and obligations of both parties change, which may lead to some complications in the relationship in the future if it is not secured by a signature.

What must not be missing in the new contract?

• volume of work at home (number of working hours, days of the week or month);
• procedure for agreeing work matters
• reporting procedure
• determination of the place of work
• availability and communication channels between employees and the employer
• participation in company meetings and conferences;
• Organization of working hours (breaks, weekend and night work, overtime, etc.)
• Work safety (training to the extent appropriate to the conditions of work at home);
• cost compensation (internet connection, electricity, depreciation of own equipment, etc.)
• data and business information protection
• operating rules with the employer’s property

We do not recommend implementing a home office regime only by adopting the company’s general internal rules. Because in this way it is not possible to set new obligations for employees, and thus change the provisions of the employment contract. However, the specification of internal rules is appropriate with regard to the rules of conduct of employees when working from home: safety rules, job protection, protection of company information, reporting, etc.
Of course, now both companies and employees themselves are more adapted to working in a home office mode. Thank you, 2020. However, there are still points to which you should pay special attention to minimize possible risks. In the end, the best thing you can do right now is to enter into a separate written agreement that sets out the basic rules and scope of work from home.