In 2022, we will have to prepare for a number of changes to labor law. Remote work and employee sobriety checks are planned to be introduced and regulated. As of January 29, 2022, regulations regarding changes to the employment of foreigners have already come into force.
Remote work
At the end of 2021, a draft bill amending the Labor Code and other acts appeared on the website of the Government Legislation Center, providing for the introduction and comprehensive regulation of remote work institutions in the Code.
In an employment relationship, this type of work provision will only be possible with the employee's consent, given at the time of entering into the employment contract or during the course of employment. However, at the employer's request, assigning an employee to remote work will only be possible, provided the employee submits a declaration of having the appropriate premises and technical conditions for such work, in two cases:
1) during the period of a state of emergency, a state of epidemic threat or an epidemic state and for 3 months after their lifting, or
2) when it is necessary due to the employer’s obligation to provide the employee with safe and hygienic working conditions, unless, for reasons beyond the employer’s control, ensuring these conditions at the employee’s current workplace is temporarily impossible.
It's worth noting that an employee who has undertaken remote work during their employment will have the option to submit a request to reinstate their previous working conditions. The employer will also be able to submit such a request. Neither ceasing remote work nor refusing to agree to a change in working conditions to remote work will constitute grounds for terminating the employment contract.
The draft law also contains a number of obligations for the employer and employee that will have to be fulfilled before the employee starts working remotely, such as providing the employee with the necessary materials and work tools, providing technical assistance and training in the use of work tools, or providing the necessary information required for mutual communication remotely or in another manner agreed with the employer.
Employee sobriety checks
According to a subsequent draft, the Labor Code would introduce the possibility for employers to conduct sobriety checks on employees. This would require the group or groups of individuals subject to the check, the method, and the manner of conducting the check to be specified in the collective bargaining agreement, work regulations, or a notice. An employee who tests positive for alcohol will not be permitted to return to work.
The Act also stipulates that, where necessary to ensure the protection of the life and health of employees or other persons, or to protect the employer's property, it will be possible to introduce tests for the presence of substances with effects similar to alcohol. A list of such substances would be prepared by the Minister of Health.
An employee may be fined for reporting to work after consuming alcohol or a substance with an effect similar to alcohol, or for consuming alcohol or taking a substance with an effect similar to alcohol during work.
Employment of foreigners
A law amending the rules for employing foreigners recently came into force. The legislature aimed to streamline the entire process of legalizing the work of foreigners.
As of January 29, 2022, decisions regarding temporary residence permits for foreigners will be issued within 60 days. Appeal proceedings are to be completed within 90 days.
At the same time, the period of permissible work based on a declaration of entrusting work to a foreigner was extended from 6 months to 24 months. Furthermore, the regulations on remuneration for foreigners were amended – the requirement of a regular income sufficient to cover the costs of living for oneself and dependent family members was replaced with the requirement that the foreigner receive the current minimum wage.
The procedure for obtaining a temporary residence and work permit for foreigners is therefore to be simpler and easier, and the employment conditions in terms of remuneration are to be unified with those of employees from the country.
This alert is for informational purposes only and does not constitute legal advice.
