Accident At Work According To New Regulations Related To Remote Working

Abstract

As of 2023, remote working has been permanently standardised in labour legislation. The
Labour Code defines this concept as work performed wholly or partly at a place indicated by
the employee and agreed with the employer, in particular by means of direct communication
at a distance. The legislator has therefore given the parties to the employment relationship
the choice to apply the most favourable solutions for themselves. Irrespective of the location
from which the official duties are to be performed, the employee is obliged to declare that he
or she has the technical and premises conditions for performing remote work and that the
chosen location meets all the guidelines of the occupational risk assessment and health and
safety rules, which the employer in turn is obliged to provide. However, it cannot be assumed
that this form of work will be free of dangerous situations, including accidents. The specific
nature of the remote form requires a thorough investigation of the circumstances to determine
whether, at the time of the incident, the employee was definitely performing work duties
on the employer’s instructions and in the employer’s interest. The qualification of such an
incident is carried out by an accident team, which the employer is obliged to appoint.