In the State Gazette, issue 27 of 03/29/2024, the Law on Amendments and Supplements to the Labor Code ("Labor Code LAW") was promulgated, introducing new rules regarding remote work. The changes take effect from 04/02/2024.
The employer and the employee are assigned a number of new obligations in connection with the provision of a suitable workplace, compliance with the minimum requirements for health and safety at work, as well as the assignment and reporting of work when an information system is used for this.
New generally applicable rules have also been introduced in relation to the inter-day and inter-week rest of the employees. Joint and several liability is also regulated for the contractor under a service contract, when his direct subcontractor, in his capacity as an employer, is in default of his obligations to pay wages.
✓ A remote workplace
The definition of a workplace in remote work is being changed: "a place in a room in the worker's or employee's home or in another room of his choice outside the enterprise where the work is carried out", and not, as before, "the worker's or employee's home or other premises of his choice outside the enterprise'.
With the changes, it is possible to specify in the individual employment contract more than one place of work from which the employee can work remotely.
Additionally, the employer may change the place of work for no more than 30 working days per year at the written request of the employee under the conditions and according to the procedure determined by the employment contract and/or internal acts of the enterprise.
For employees who perform remote work, an obligation has been introduced to provide a workplace for remote work on the date of creation or change of the employment relationship, as well as to provide the employer with written information about the characteristics of the provided workplace.
✓ Healthy and safe working conditions when working remotely
The employer is obliged to take specific measures to ensure that, on the date of creation or modification of the employment relationship, the specific workplaces for performing remote work meet the minimum requirements for health and safety working conditions.
Employees working remotely must now immediately notify the employer of any workplace accident in a pre-agreed manner and manner.
A new rule has also been introduced in connection with the reduction of the employer's liability in the event of an occupational accident or occupational disease that occurred during remote work, when the victim did not comply with the prescribed rules and norms for health and safety at work.
Changes to the Law on Safe and Healthy Working Conditions related to a number of obligations of the employer in connection with the provision of safe and healthy working conditions for remote workers are also introduced with the ZID of CT.
✓ Assigning and accounting for remote work
A legal definition of the term "algorithmic management information system" is being introduced, providing for the use of such a system for assigning and accounting for remote work.
When the remote work assignment and reporting is through an information system, the employer should provide the employee with written information about the type and volume of work-related data that is collected, processed and stored in it.
When an information system is used for the algorithmic management of remote work, the employer provides the employee with written information about how decisions are made. At the written request of the employee, the employer or an official appointed by him is obliged to check the decision of the algorithmic management system and notify the employee of the final decision.
✓ Working hours when working remotely
As before, when working remotely, employees organize their own working hours, but in accordance with the changes, they must be available and work during the time when the employer is in communication with third parties, and not only with its commercial partners as before.
Actual time worked can also be reported through an automated timekeeping system. The employer is obliged, upon request, to provide the employee who works remotely with access to the data in the system for his working hours.
✓ Interday and weekly rest
Changes have also been introduced in relation to inter-day and inter-week rest, which will apply to all employees, not just telecommuters. It is expressly stated that employees will not be obliged to respond to employer-initiated communication during the inter-day and weekly rest, except when conditions are agreed upon in the individual and/or collective labor agreement, under which this is permissible.