The Labour Code  more precisely defines that domestic work or telework is in the case where work that could be performed at the employer’s workplace is performed regularly within the scope of the established weekly working time or part thereof from the employee’s household. However, regularity does not mean that domestic work must be carried out within the full prescribed weekly working time. It can be even one, two days a week.

Thus, domestic work or teleworking is not considered to be work performed by the employee occasionally or in exceptional circumstances with the consent of the employer from the household, if the nature of the work allows it. Thus, such work is not in the event that the employee temporarily performs work from the household for technical reasons at the workplace, an extraordinary need to take care of the child on a given day, etc.

The employer is obliged to ensure resp. provide the employee with the means to perform domestic work / telework. If he is unable to fulfill this obligation, he may agree with the employee that he will use his own resources. However, this agreement does not relieve the employer of its obligation in the field of security in accordance with special regulations in the field of personal data protection.

If the employee, in agreement with the employer, at home work resp. teleworking will use his own equipment, the employer reimburses him according to the conditions agreed in the employment or collective agreement, demonstrably increased costs associated with its use.

The Labour Code also ensures that the performance of work from home does not interfere with the private life of the employee by establishing the so-called disconnection rights. This is the employee’s right not to perform work outside working hours unless it is overtime or on-call time. Thus, the employee does not have to work after the end of working hours, during continuous rest during the week, holidays, holidays and obstacles at work. The employer must not consider this as a breach of work discipline.

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