Czech Republic: New Rules for Teleworking in the Czech Republic
Author: Klára Sleglova
As we informed you last month, a comprehensive amendment to the Labour Code was adopted by the Czech legislature. One of the areas that have undergone the most significant changes is teleworking, often inaccurately referred to as “home office.” In this article, we present an overview of the updated provisions governing this flexible mode of work.
What is teleworking according to Czech law?
Teleworking means the performance of work entirely or partially away from the employer’s workplace. While it predominantly involves working from home, employees have the flexibility to choose alternative locations suitable for the work.
Formalizing the agreement
The employers and employees must now conclude a written agreement when opting for remote work. An exception arises when a public authority mandates employee to stay away from the workplace (typically during emergencies like pandemics).
The agreement on teleworking can be terminated based on the mutual consent of the employer and the employee on an agreed-upon date or withdrawn without giving any reason with 15 days’ notice by either of the parties. However, the employer and the employee may modify the length of the notice period or even arrange in the agreement that it may not be withdrawn by either party.
For employees who telework prior to 1 October 2023, a written agreement will be required by 1 November 2023.
Reimbursement of expenses incurred in performing teleworking
The employer is obliged to reimburse the employee for the costs associated with each starting hour of teleworking, either in the amount the employee sufficiently proves or in a flat-rate amount set out in a decree of the Ministry of Labour and Social Affairs or higher, if agreed. The employer and the employee may agree in writing in advance that the employee is not entitled to reimbursement of all or part of these costs.
An employee who performs work on the basis of an agreement on the performance of work outside the employment relationship must be reimbursed for the costs of remote work only if this right has been negotiated with the employer.
Request for teleworking by certain protected employees
If a pregnant employee, an employee caring for children under the age of 9, or an employee responsible for the long-term care of another person requests teleworking and the employer does not approve the request, the employer must justify its decision in writing.