Rector’s Measure no. 14/2020 ****************************************************************************************** * ****************************************************************************************** • Title: Work from Home (Home Office) • Responsible unit: HR Department • Effective date: 15 April 2020 ****************************************************************************************** * Work from Home (Home Office) ****************************************************************************************** *========================================================================================= * Article 1 Basic provisions *========================================================================================= 1.This measure addresses and regulates the performance of work from home. Work from home ( “H/O”) is understood as the performance of work in accordance with the concluded employm and job position outside the agreed work location, i.e. from home or from any other plac Republic where the employee is located. 2.Work from home is a benefit that the employer, i.e. Charles University (the “employer” o to the employee based on an agreement on the performance of work from home (“H/O agreeme 3.In exceptional cases, the employer reserves the right to order the employee to work from if this option has not been set out in the employment contact or even if an H/O agreemen concluded. In particularly justified cases (especially as a part of quarantine measures, events, etc.), the employer may order the performance of work from home for all employee 4.The employer negotiates with the employee the performance of work from home and its scop employment contract, and if appropriate, the employer may regulate the terms of the work with the employee in a separate written H/O agreement. The subject matter of the H/O agr particular, the establishment of more specific terms for the content and manner of perfo home. 5.The conclusion of an H/O agreement is decided at the faculties of Charles University and the units of Charles University by the dean of a faculty of Charles University or the di of Charles University who is authorized to act in employment matter (Dean’s Measure no. head employee authorized by the dean or director. The conclusion of an H/O agreement at Office of CU and at other units of CU whose directors have not been authorized to act in matters is decided by the bursar of Charles University or a head employee authorized by 6.Work from home is only possible and permitted for those employees for whom the nature of the operating conditions of Charles University allow it. Such restriction does not apply orders the performance of work from home. 7.The employee’s immediate supervisor (head of department, head of workplace, etc.) will n detailed terms for the performance of work from home with the employee in accordance wit agreement. The supervisor is also responsible for keeping records of the work performed individual employees (an overview of which employees work from home on which days). Thes be made available for inspection upon request at any time to the dean of the faculty, th the unit, or the bursar of Charles University. 8.The employer reserves the right not to permit work from home for a certain period, even performance of work from home was agreed in the employment contract or in an H/O agreeme is required to inform the employee of such a decision sufficiently in advance, if possib define the period during which work from home is not permitted. *========================================================================================= * Article 2 Joint provisions *========================================================================================= 1.Performance of work from home during an employee’s probationary period is possible only special reasons for this, the employee is able to organize and manage the work despite t period, and the supervisor has the means for the methodical management of the new employ 2.Performance of work from home is not permitted during a period of work disability for th 3.When working from home, the employee fulfils their work assignments using remote means o (telephone, e-mail, etc.). 4.When working from home, the employee must be available for the entire standard working h telephone, work e-mail). Any breach of this obligation is a reason for the employer to w H/O agreement. 5.The employee is required to keep a record of the hours worked, even for the performance home, and to send this record to their supervisor by the standard deadline in accordance relevant internal regulations. Not sending the record of hours worked or sending the rec time is a reason for the employer to withdraw from the H/O agreement. 6.Work from home may be agreed for one or more working days during the week. 7.The employee is not entitled to any special payment for performing work at home as well a.A salary, extra payment, or compensatory leave for overtime work, or work on Saturdays holidays, b.Wage compensation for other important personal obstacles at work, if not otherwise sti an implementing regulation of the Labour Code (Government Decree no. 590/2006 Sb., as employee is entitled to wage compensation only in the case of a member of the family p one’s own wedding, or moving. 8.An employee is required as a part of performing work from home to participate in all pla unplanned appointments and other job-related meetings according to the instructions of t The supervisor may decide to hold appointments or other job-related meetings using remot communication. 9.As for employees who perform work in relation to implementing a project or grant, the pe in relation to performing the work from home may be inspected by the supervisory body, t other personal expenses. It is, therefore, necessary to indicate in the work reports for activities that were carried out in the course of work from home the form of the activit workshops, etc.) that were carried out (e.g. video call, teleconference, telephone call, case of an audit, it will always be necessary to provide evidence of working hours and t an H/O agreement. *========================================================================================= * Article 3 Work safety *========================================================================================= 1.During work from home, an employee is required to uphold all regulations relating to the health and safety at the workplace. 2.The H/O agreement must contain provisions in which the parties confirm that the employee trained in the regulations on work safety and acquainted with the instructions and recom arranging a work environment outside the workplace of the employer and with measures of that relate to health and safety at the workplace. 3.The employer is entitled to inspect the fulfilment of the conditions for safety in a wor different than the workplace established by the employer, and the employee is required t inspection carried out by authorized employees of the employer. 4.The employer is required to notify the employee in advance of the intended inspection. I prevents the inspection from being carrying out by not allowing the employees of the emp the workplace which is different than the workplace established by the employer, this is the employer’s withdrawal from the H/O agreement. 5.When carrying out the inspection, the inspecting employee authorized by the employer is proceed so that the employee’s legally protected rights or their personal interests are or damaged and to always act in such a way that no damage is caused to the employee. 6.In the event of an accident at work, the employee is required to allow an inspection to out immediately after the occurrence of the accident at work in order to investigate the surrounding the accident. *========================================================================================= * Article 4 Protection of information and personal data *========================================================================================= 1.When working from home, the employee is required to ensure the protection of data and in relating to fulfilment of work assignments against the unauthorized use of third parties For fulfilling this obligation, the employer is required to provide the employee with an cooperation. 2.An employee who will process personal data during the performance of work and work assig required to ensure their protection against third-party access and disclosure, with the cases where the employee has received the prior written consent of the data subjects to manner. While processing personal data, the employee is required to comply with the resp binding legal regulations, in particular, Regulation (EU) 2016/679 of the European Parli Council of 24 June 2016 on the protection of natural persons with regard to the processi and Act no. 110/2019 Sb., on the processing of personal data, as amended, as well as all regulations of the employer. 3.Breach of the obligations of the employee in relation to the protection of information a is a reason for the employer to withdrawal from the H/O agreement. *========================================================================================= * Article 5 H/O agreement *========================================================================================= 1.It is recommended that an H/O agreement be concluded for a fixed period of time with the automatic renewal. In justified cases, an H/O agreement may be concluded for an indefini time. 2.The H/O agreement must always contain provisions establishing the right of both parties to give notice with a one-month notice period, which commences on the first day of the m delivery of the notice to the other party. 3.The H/O agreement must contain provisions on the right of the employer to withdraw from due to a serious breach of the employee’s work obligations or the reasons set out in thi the implementing regulations, or in the H/O agreement. 4.The effectiveness of the H/O agreement always terminates on the day the employee stops w employer. *========================================================================================= * Article 6 Final provisions *========================================================================================= 1.This Rector’s measure comes into effect on 1 May 2020. 2.The dean of a faculty of Charles University and the director of a unit of Charles Univer to act in employment matter may issue an implementing regulation that sets out the detai performing work from home at a specific faculty or unit of Charles University. In Prague, on April 6, 2020 prof. MUDr. Tomáš Zima, DrSc., MBA Annex: Template agreement on the performance of work from home (home office) [ URL "UKEN-1 dohoda_o_praci_z_domova_en.doc"]