Compliance with remote working rules after an emergency

The rules governing remote working are not always clear to employers and employees. If we accept the fact that the number of people working from home will increase before the state of emergency is declared, in the mutual and well-understood interests of both parties, then all participants must contribute to ensuring that the changed situation is lawful. In other words, the parties must also make it clear from an employment perspective that the employee will continue to perform their duties from home.

Occupational safety issues

Once labor issues and their conditions have been agreed upon, occupational safety issues can be addressed. Creating conditions for safe working practices that do not pose a risk to health pursuant to Section 2(2) of the Occupational Safety and Health Act, Even in the case of remote work, the employer is responsible., which are not affected by employees' occupational safety obligations. The Occupational Safety Act also stipulates what can be considered a workplace:  A workplace is defined as any open or enclosed space where employees are present for the purpose of or in connection with work.

In the case of working from home, this is modified in that not the entire apartment is considered to be the workplace, but only the approximately 2-4 m²- an area where the desk, chair, computer, filing cabinet, etc. are located. Workplaces set up in the home must, similarly to a normal office environment, meet the conditions for safe working that do not pose a health risk. Creating this may be the responsibility of the employer, but according to Section 86/A(2) of the Occupational Safety Act, it is also the responsibility of the employee. The two parties must agree on this during their negotiations.

Ensuring appropriate occupational safety conditions

Also in this section, but in paragraph (4), legislators have stipulated that employers are obliged to regularly check that working conditions comply with occupational safety requirements and that employees are familiar with and comply with the relevant provisions, even in the case of remote working.

Section 86/A(7) of the Occupational Safety and Health Act authorizes the authority, on the basis of prior information and exclusively may carry out inspections at the remote working location between 8 a.m. and 8 p.m. on working days. In other words, it can be stated that the parties must apply a series of rules in their agreement, However, it should be emphasized that determining the suitability of the workplace is a matter of occupational safety. task requiring qualification.

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