What is telecommuting?

In the framework of teleworking, the employee performs his work regularly, in a place separate from the employer's premises (usually at his residence), using computing devices, and transmits the results electronically.

Act I of 2012 on the Labor Code regulates the special labor law rules for teleworking, and Act XCIII of 1993 on Labor Protection regulates labor protection rules that differ from general ones. contained in the law.

The provisions of the two laws must be applied taking into account the peculiarities of teleworking.

According to the Labor Code, teleworking is carried out if

• it can be done with an information technology or computing device and the results of the work can also be transmitted electronically (e.g. jobs based on data processing activities, such as software developer, system administrator, translator, proofreader, payroll accountant, etc.),
• the activity carried out regularly in a place separate from the employer's premises,
• the employer and the employee do not agree otherwise, the employer's right of instruction extends only to defining the tasks to be performed by the employee.

The occasional work at home or finished in the changing place work is not considered remote work, so the special rules for teleworking cannot be applied to these cases.

Creating conditions for safe and health-free work pursuant to Section 2 (2) of the Occupational Safety and Health Act, the employer is also responsible for remote work, which is not affected by the occupational health and safety obligations of employees.

What constitutes a telework location?

Based on Section 87.5 of the Occupational Safety and Health Act any free or closed space where employees stay for the purpose of or in connection with work is considered a workplace.

If the employer and the employee agree that the employee regularly performs his work in his own home or in another specific place of his choice using an information communication or computer technology device, then the place where he carries out this activity is considered the workplace, regardless of whether the it is not the employer's registered office or place of business, nor is it under the direct or indirect control of the employer.

If teleworking takes place in the employee's home, the entire apartment does not qualify workplace, only the approx. 2-4 m²- area, where the work table, work chair, computer, filing cabinet, etc. is placed.

Regarding the appropriate design of the workplace for remote work from an occupational safety point of view, the employer is required by Mvt. 86/A. Based on paragraph (3) of § §, you must make sure in advance, and you must also carry out a risk assessment.

Among other things, the room must be properly ventilated, heated, equipped with natural and artificial lighting, and the work tools must meet the conditions for safe, health-free work.

It is for the employer or his agent Labor Protection Act 86/A. within the meaning of § (4). even in the case of remote work, you must regularly make sure that the working conditions meet the requirements, does the employee know and observe the relevant provisions. The Occupational Safety and Health Act 86/A. Pursuant to paragraph (7) of § the occupational health and safety authority only on the basis of prior information, exclusively on weekdays between 8 a.m. and 8 p.m., you can check the remote work site.

What applies to the tools used?

In the case of remote work, the Occupational Safety and Health Act and the Labor Code provide the possibility for the parties to agree that the the employee provides the work tools necessary for the performance of the work task. During telecommuting, it is easy to limit what work tools the employee can provide for himself. THE employer however, the agreement concluded with the employee does not exempt him from his objective responsibility contained in Section 2 (2) of the Occupational Safety and Health Act. Say must make sure that the work equipment purchased or used by the employee meets the requirement of safe work that does not endanger health.

In order to check the condition of the work equipment, including checking the existence of documentation, declarations of conformity, certificates, and instructions for operation, knowledge of occupational health and safety regulations is essential. Therefore, the inspection can be carried out by an occupational safety and occupational health specialist.

Does the employer have to prepare a risk assessment for teleworking?

Based on the provisions of § 54 of the Occupational Safety and Health Act to the employer in relation to all activities carried out by him the risk assessment must be carried out, in which you must qualitatively and, if necessary, quantitatively assess risks to the health and safety of employees, with particular regard to the working tools used, as well as the design of workplaces, to which the risks of teleworking are no exception.

The employer must make sure in advance that the place/room chosen by the employee for regular work, as well as the work tools used, meet the requirements for safe work that does not endanger health. This is the only way the employer can comply with its legal obligations.

Should occupational health and safety training be held in case of teleworking?

In view of the special nature of teleworking, it is also particularly important that the employer, based on the results of the risk assessment, but even before starting the work, the employee during your occupational safety training, cover the dangers that arise during remote work.

Is an accident during telecommuting considered a work accident?

The Occupational Safety and Health Act considers those accidents work accidents that occur during or in connection with work. When concluding the agreement on teleworking, the parties determine which work activities and workplaces the teleworking covers. It is advisable to define the work activity and the workplace in such a way that it can be clearly identified. If the employee's activities the marked 2-4 m²finishes in place, the accident that happens to him in this work area is considered to be an accident which occurs during work, like this is considered a work accident. However, it is not considered a work accident if the employee leaves the workplace, i.e. goes to the kitchen, bathroom or garden, and has an accident there. Because while the employer is responsible for "work-related" activities and services provided by the employer according to § 87, point 3 of the Occupational Safety and Health Act, the condition of the bathroom, kitchen and garden created by the telework employee already falls under the responsibility of the employee .

If a work accident occurs during the use of a work tool, after the accident the work tool concerned must be subjected to an extraordinary inspection based on Section 23 (2) of the Occupational Safety and Health Act.

source: www.ommf.gov.hu