Legal Regulation of Remote Work in Slovakia and the Covid-19 Pandemic

Abstract

This paper aims to examine the development of the legal regulation of remote working arrangements in Slovak labour law and to determine the main legal issues that keep this type of work from being more widely utilised in practice. To this end, the article analyses the applicable provisions of the Slovak Labour code, as they developed throughout the years, in particular the changes implemented in connection with the Covid-19n pandemic. It also investigates other applicable sources of law, as well as case law and relevant literature. The main issues identified by the article that need to be addressed by the legislator, involve three areas: (i.) formulation of the place of work in the employment agreement, (ii.) working time and rest periods of remote workers and (iii.) the range of supervisory powers of the employer vis-à-vis remote workers. The author argues that the legislator ought to create more favourable and clear legal conditions for remote work and to enable this type of work to be performed under all contractual types recognised by Slovak labour law, not just in the (standard) employment relationship.

Keywords

• home work
• telework
• remote work
• place of work
• right to disconnect
• covid-19