Remote work has become a particularly relevant institution in labor law in recent years, with its expansion largely occurring during the COVID-19 pandemic. During this period, many employers were forced to adapt to new conditions and organize work outside of their business premises. Remote work has proven to be highly beneficial for both employers and employees. Employers have been able to reduce employment related costs, while employees have more flexible working hours, and the ability to manage their work pace.
What are the specificities of remote work?
- Employees working remotely establish a specific employment relationship with their employer to perform work outside the employer’s premises.
- In the case of remote work, the employee’s employment contract, in addition to mandatory elements, must include additional required elements reflecting the specifics of remote work. These elements are:
- Duration of working hours according to work standards;
- The method of supervising the work and quality of tasks performed by the employee;
- The tools and equipment provided by the employer, which the employer is obliged to procure, install, and maintain;
- The use of the tools and equipment by the employee and reimbursement for their use;
- Reimbursement for other work-related expenses and the method of determining these costs;
- Other rights and obligations.
- Remote work differs from traditional office work only in the location where tasks are performed. Therefore, provisions of the Labor Law concerning working hours, overtime, night work, leave, breaks during the workday, and daily, weekly, and annual leave apply equally to remote work. For example, if the working hours for certain tasks at the employer’s premises are 8 hours per day, 5 days a week, this same schedule applies to an employee working remotely on the same tasks.
- The same type of work is valued equally through the base salary, so it is irrelevant whether the employee performs the same tasks at home or at the employer’s business premises.
- Employers have specific obligations towards employees working remotely. These include:
- Ensuring a healthy and safe working environment – employer is obligated to assess, based on a Risk Assessment Document, whether the type of work can be performed safely at home. Therefore, a remote work contract can only be concluded if the tasks are not dangerous or harmful to the employee’s health or to others, and do not endanger the environment);
- Ensuring and maintaining the proper condition of work equipment (such as computers, software, mobile phones, internet access, etc.);
- Covering the costs of using work equipment (such as internet and electricity consumption), as well as other work-related costs (expenses incurred while performing tasks for the employer that have been explicitly approved by the employer);
- Implementing supervision over the employee’s work performance and health and safety measures (through written reports, meetings, phone calls, etc., to maintain work safety, protect data confidentiality, and enforce a code of conduct).
- Employers are also responsible for work injuries involving remote employees, so it is essential for employers to determine whether remote work can be performed safely and with the necessary conditions for healthy and secure work.
For additional information or consultations, the Tasić & Partners team is at your disposal.