The amendment on remote work provides for the possibility to enter into an agreement with an employee to work remotely in any form | PRO HR June

2022.06.13

Under the proposed regulations, an employer will be able to enter into a remote work agreement with an employee electronically, including by email, without the need for a qualified electronic signature. 

This will be an important change, though not revolutionary.

Unfortunately, the legislator again failed to make sure that the regulations are unified, as other instances of changes in work and pay conditions should be treated in the same way.

According to the regulations, however, other instances of changes in work and pay conditions require written form.

However, employers are already changing such conditions without using paper. For failure to comply with the written form requirement does not result in any negative consequences for the employer or the employee.

Such an agreement is valid and effective. The exception is if the parties have stipulated that any changes to the employment contract must be made in writing otherwise being null and void. In such a case, a written or electronic agreement (with qualified signature) for both parties is required. 

Deviating from the written form for remote work arrangements is a step in the right direction. It is only a pity that on the occasion of this amendment the legislator does not provide for an analogous solution for any other change in work and pay conditions.