Applying the Labour Code modes of remote work in temporary employment

Abstract

The author emphasises that Article 5 of the Act on the Employment of Temporary Workers enshrines the principle that, to the extent not regulated by the provisions of the Act as well as by separate provisions, the provisions of labour law concerning the employer and the employee respectively are applicable to the temporary employment agency, the temporary employee and the user employer. The reference in Article 5 of the Act on the Employment of Temporary Workers is general and open, hence temporary employment entities are entitled to use remote working. The subject of this study is the diverse legal bases for applying the statutory modes of remote work in temporary employment. The author argues that this diversity is highly significant with regard to the emergence of the obligation to perform remote work, as well as the determination of this obligation and its legal consequences. By contrast, it has no relevance for the manner in which remote work is performed, since in each of these modes it remains identical.