The coronavirus pandemic has reshaped the way many companies work. Companies have “switched” to the home office, but while this change is largely perceived as a work benefit, it also brings with it questions. And since the home office is likely to remain with us (to some extent) even after the pandemic, it is good to know the legal assumptions behind this institution.
Employers also have OHS obligations to employees who work from their homes. And since the legal regulation of the home office is insufficient, questions arise about work equipment, employee control or accidents. So what to keep in mind?
What (not) is a home office?
As of 21 March 2021, an amendment to the Labour Code is in force, which clarifies the concepts of different forms of home working. There is no need to confuse them, as they do not mean the same thing in the context of, for example, working hours or employer obligations:
- homeworking, teleworking – work performed by an employee under the conditions agreed in the employment contract at home or at another agreed location (homeworking) or work under the conditions agreed in the employment contract at home or at another agreed location with the use of information technology (teleworking) during working hours which the employee most often schedules himself.
- home office – work carried out occasionally or in exceptional circumstances with the consent or agreement of the employer at home or at a place other than the usual place. Working hours and other essentials are usually fixed.
Unfortunately, the lack of legal regulation of home office is due to the fact that the Labour Code does not regulate its conditions in more detail. It is therefore advisable to agree them in advance with the employee in an internal regulation or in an addendum to the employment contract.
Did you know that?
Employers are not responsible for the condition of the workplace in which their employees carry out home office activities. This means that it is not responsible for the condition of the electrical wiring, heating equipment or other furnishings of the space, including ergonomic seating options.
However, it may provide the employee with a chair, desk or other equipment that will raise the level of OSH in the employee’s “living room”.
Specific OSH obligations of the employer in the home-office
- Conduct health and safety awareness training for employees
- Allocation of work equipment necessary for the performance of the work. The work equipment must be suitable for the job and have a verified safety record.
If the working tool is a laptop or computer, it is a good idea to think about the security of sensitive company data and GDPR.
- When working with computer technology, regular breaks must be taken after at least four hours of continuous work.
It is recommended to instruct employees on the correct way of sitting, on simple exercises to prevent pain in the (cervical) spine or head, which are the most common “diseases” of clerical work.
- Ensure that the use of any equipment that is part of a workplace with a display unit does not compromise the safety and health of employees
- Ensure that the keyboard is separate from the display unit and conforms to ergonomic principles. A keyboard and mouse should be provided with the laptop, and a monitor is recommended for all-day work, as the laptop screen is not suitable for such work.
Accident at work – is a check possible?
Unfortunately, it has happened and a workplace accident has occurred? But how to prove that it really happened in the course of the employee’s occupation? When working from home, there is minimal likelihood of another employee seeing the accident and being able to confirm or deny one version. This makes it difficult for an employer to determine whether an injury is truly work-related.
The law does not allow entry into the employee’s home, although the employee should tolerate it in the interest of a more expeditious investigation of the incident. If the employee refuses to allow the employer to enter his home, labour inspectors can be used, who should not be denied access to the employee’s home when carrying out an inspection.
The future is the home office
Home office is probably the most frequently used term in the working world lately. However, allowing employees to occasionally come into the regular workplace is a good idea, which will not only help workplace relations and psycho-hygiene, but also help to solve work tasks more constructively.
It should therefore be remembered that even when working in the comfort of one’s own home, laws and rules apply. If you would like to discuss your specific responsibilities or for assistance in drafting an internal regulation on home office work, please do not hesitate to contact us.
The future is the home office
Home office is probably the most frequently used term in the working world lately. However, allowing employees to occasionally come into the regular workplace is a good idea, which will not only help workplace relations and psycho-hygiene, but also help to solve work tasks more constructively.
It should therefore be remembered that even when working in the comfort of one’s own home, laws and rules apply. If you would like to discuss your specific responsibilities or for assistance in drafting an internal regulation on home office work, please do not hesitate to contact us.
