Home Office

09.01.2023.

Amendments to the Labor Act that entered into force on January 1, 2023, introduced certain novelties regarding fixed-term contracts, permanent seasonal jobs, probationary period, additional work and home office, and employers were given a period of 6 months to harmonize their Rulebook with the provisions of the law.

The biggest novelty is the introduction of an obligation for employers to conclude a special employment contract with employees who permanently, temporarily or occasionally perform home office, by which they will define the rights and obligations arising from such work.

The employment contract for home office must, among other things, contain information on reimbursement of expenses that the employer is obliged to reimburse to the employee, when the home office is contracted as permanent or when the period of home office during one calendar month lasts longer than seven working days. The compensation is determined as a lump sum and does not depend on the employee's actual expenses.

The law also stipulates the right of the employee to ask the employer to allow him to do home office in order to balance work and family obligations and personal needs. The reasons for which an employee could request such work are (1) health preservation due to illness or established disability, (2) pregnancy or parental responsibilities towards children up to the age of eight, or (3) providing personal care to a member of the immediate family or a member of the household.

Employer is obliged to consider employee's request to do home office, and can reject it only for a justified reason, which must be explained in writing within 30 days of receiving the request.