05.06.2024

PROVIDE SAFETY AT A DISTANCE WORK

The employer is obliged to provide healthy and safe working conditions so that the dangers of the life and health of the employee are eliminated, limited or reduced. The bodies of the executive branch within the framework of their powers exercise the state policy on ensuring health and safety at work.

Ensuring healthy and safe working conditions when working from a distance is one of the issues that are difficult to find the right texts that satisfy employers and at the same time be in the interest of the workers.

The legislation provides for the establishment of an obligation of the employee to provide a workplace for performing work from a distance to the date of the occurrence or change of the employment relationship that allows it to be carried out without a risk to health and safety.

The premises outside the workplace in the workplace must have a sufficient area and conditions that allow the worker to perform a distance work without risk to health and safety. Given the voluntary nature of the work from a distance, it is guaranteed the possibility that the employee can assess whether he or she can provide the appropriate room from which to perform the agreed work.

It is explicitly regulated the requirement for the room to have the necessary characteristics, including sufficient area to place the necessary working equipment so that the work performed does not endanger the life and health of the worker, which in practice becomes one of the mandatory conditions for carrying out work from a distance.

It is also envisaged to regulate the obligation of the employee who performs a distance work to provide the employer with written information on the characteristics of the workplace provided by him for performing a distance work.

On the basis of the information received, the employer will be able to assess the characteristics of the employee provided by the employee and the ability to carry out the work in connection with the rules and the regulatory requirements for safety and health at work.

In this way, the employer will be able to fulfill his obligation to guarantee at the date of the emergence or modification of the employment relationship jobs to perform a distance work that meet the minimum requirements for health and safe working conditions set out in the Law on Health and Safe working conditions and in the regulatory acts for its implementation.

It is also regulated the requirement to arrange the order and manner in advance the employee to notify the employer, the immediate manager or other authorized person of any accident at the workplace. The aim is to provide the employer an opportunity to fulfill his or her normative obligations in case of an accident, as well as to guarantee the rights of the employee as a result of an accident.