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It is a crucial moment to make remote work simpler and more flexible with the new Labor Law

For workers, important issues regarding remote work include occupational safety, defining costs, privacy rights, and the right to disconnect. Employers will utilize this model when and if remote work fits into the company’s business model, some of the highlights from the conference on the future of remote work held on Friday in Rijeka.

The conference was held as part of the DEVOTE project – Developing of teleworking future, conducted by the Croatian Employers’ Association (HUP) in collaboration with the Oil Industry Union (SING) and the Norwegian Employers’ Association (NHO).

Discussions focused on defining the institute of remote work, aiming to prepare guidelines for amending the legislative framework based on social dialogue and more such discussions, which will be presented at the final conference in the first half of 2022 and subsequently delivered to the legislator. The third meeting on this topic was held in Rijeka, with the next one scheduled for Osijek at the end of November, while the final conference will take place in Zagreb.

The President of the Oil Industry Union, Jasna Pipunić, stated that since the beginning of the pandemic, the oil and gas business worldwide and in Croatia has faced numerous challenges regarding remote work.

– Both employers and workers relied on existing legal regulations, but many issues such as rights, obligations, and the scope of responsibilities during remote work remained narrowly defined. Workers are concerned about the employer’s responsibility for occupational safety, defining costs that employers will cover for remote workers, as well as the right to disconnect. After an eight-hour workday, workers must have the right to a private life. Clear boundaries for working hours, health and safety, and privacy through the right to disconnect, limitations on monitoring, and restrictions on collecting workers’ data must be established – she emphasized.

The Director General of HUP, Damir Zorić, stated that primarily technology, but also more flexible forms of work, allow a greater number of employees to work remotely.

– It is necessary to regulate the relationship between employers and employees, and it must not be one-sided. Employers will use this model and regulate relationships in accordance with legal obligations when and if remote work fits into the company’s business model, or if it is compatible with the ability to perform work in a certain activity, while in some activities remote work is not possible – he said.

Zorić pointed out the problem of socialization for people working remotely, stating that teamwork, socialization, and that isolated work, mainly in front of a screen, can lead to some difficulties are needed in work. He believes that one of the challenges is how to devise new ways and tools for socializing workers with each other and with the company they work for due to the exchange of experiences, difficulties, and joint problem-solving.

Speaking about the draft of the new Labor Law, which plans to regulate the issue of remote work, he said that efforts should be made to improve these institutes, that they cannot be satisfied with what is additional bureaucratization, administration, and recording, which, he says, can be a relatively simple work process.

A lawyer in the Norwegian Employers’ Association and a member of the DEVOTE project team, Henrik Munthe, presented upcoming changes in the regulation of remote work in Norway, including new obligations to consult with workers, written information on regulating work, and labor inspection oversight.

Legal advisor in the Oil Industry Union, Anica Ferić, assessed that the institute of remote work has both advantages and disadvantages for workers, but also that due to administratively burdensome regulations on occupational safety, it is inflexible and practically narrowly applicable, reducing it almost exclusively to working from home and not following the possibilities of modern technology in relation to freedom of movement.

Coordinator at INA, Daliborka Štulić, emphasized that ‘Flexitime’ and ‘Flexiplace’ – innovative forms of flexible work at INA, developed based on internal research, have enabled a higher percentage of employee satisfaction, increased productivity, and reduced the need for overtime work.

The Ministry is open to discussion on remote work

The Assistant Minister of Labor, Pension System, Family, and Social Policy, Dražen Opalić, emphasized that the Government will not propose a new Labor Law without social dialogue and partners, unions, and employers.

– The Ministry has sent partners a legal basis that, among other things, regulates work at a remote workplace. We are open to discussion, proposals, and improvements and believe that the existing legal solutions have been sufficient regarding working from home, and we are open to discussion on remote work and occupational safety – he said.

The Director of the Rijeka Regional Office of HUP, Nenad Seifert, believes that it is necessary to simplify all legal provisions regarding remote work, as this is not currently visible in the new proposal of the Labor Law.

– This is a crucial moment that we must not miss, as we need to make the law simple, flexible, and concise, taking into account that it applies to all, large, micro, and small entrepreneurs. Employers and workers must have clearly defined rights, obligations, and responsibilities – he emphasized.

According to data from the meeting, research on global trends in the labor market shows that soon more than 100 million people worldwide will work outside of offices.

The latest research from the World Economic Forum shows that two-thirds of people worldwide want to work flexibly even after the Covid-19 pandemic ends, while nearly a third are willing to leave their current job if a full-time return to the office is required.

According to Eurostat data, during 2020, 3.1 percent of employees in Croatia usually worked remotely from home, while at the EU level, that share was 12.3 percent.

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