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Dated: 16.11.2020

The Labour code under normal circumstances (with the exception of declared emergency situation, extraordinary situation or a state of emergency) allows occasional performance of work from home or performance of work because of extraordinary situations with an approval from the employer or performance of work from home after an agreement with the employer or work from different place as the usual place of work under the precondition that in accordance with the employment agreement it is possible for the type of work the employee performs (Section 52 (5) of the Labour Code).

During emergency situation, extraordinary situation or a state of emergency, and during two months after their termination, intertemporal provisions of the section 250b of the Labour Code are in effect. In accordance with these provisions: 

  • an employer has the right to order the employee to work from home if the nature of the work allows it;
  • an employee has the right to work from home if the nature of the work allows it and there are no important operational reasons on the part of the employer because of which the work cannot be performed from home;
  • an employer shall notify the employee of his work schedule for the week at least two days in advance unless an employer and an employee have agreed on shorter time period;
  • an employer shall notify the employee of his holidays at least seven days in advance and at least two days in advance if employees holiday days are unused days from the previous calendar year This time period can be shortened with a consent from the employee. 

Author:

Mgr. Pavel Legát, advokát