Rector's Directive No. 44/2023 ****************************************************************************************** * ****************************************************************************************** Name: Performance of Remote Work at Charles University To Implement: - Lead Office: Human Resources and Payroll Office Effect: 1 October 2023 ****************************************************************************************** * Performance of Remote Work at Charles University ****************************************************************************************** *========================================================================================= * Article 1 Fundamental Provision *========================================================================================= 1.This Directive provides for the performance of work by employees of Charles University ( “University”) from a place, agreed upon with the Employer, other than the Employer’s wor work”), under Section 317 of Act No. 262/2006 Sb., the Labour Code, as amended (“Labour 2.Remote work is a benefit that the employer provides to its employees to promote their wo with regard to, in particular, the needs of employees enumerated in Section 241a of the the basis of a written agreement on remote work between the employer and the employee (“ remote work”). Remote work ordered by the employer under Section 317 (3) of the Labour C an exception to which this Directive applies with the necessary modifications. 3.Remote work may be allowed only for employees the nature of whose work and the operating the respective employer’s workplace are suitable for remote work. It is conditional upon trust that the employee will perform the agreed work remotely in sufficient quality, wit in compliance with the deadlines set by the employer. 4.Remote work during the employee’s trial period may be allowed only in exceptional cases special reasons to do so, if the employee is able to organise and manage his or her work despite being in the trial period, and if the superordinate has the means necessary to p the new employee. 5.Remote work from a place outside the territory of the Czech Republic may be allowed only justified cases on the basis of a thorough analysis of the legal risks and financial and costs related thereto. 6.Remote work may be performed under the conditions hereunder in the following form: a) In the working hours scheduled by the employer (“scheduled remote work”); or b) In the working hours scheduled by the employee (“unscheduled remote work”). *========================================================================================= * Article 2 Scheduled Remote Work *========================================================================================= 1.Scheduled remote work means remote work performed in the working hours scheduled by the 2.In the case of the performance of scheduled remote work, one shift corresponds to one fi agreed weekly working hours of the employee unless the employer decides otherwise in the Overtime work may be performed by the employee only if expressly agreed with the employe ordered by the employer 3.Uninterrupted daily rest and uninterrupted weekly rest for the employee must be respecte scheduling remote work. The employee takes breaks for meals and rest in the full scope a law, that is, at least 30 minutes after a maximum of 6 hours of work. The breaks are not working hours. *========================================================================================= * Article 3 Unscheduled Remote Work *========================================================================================= 1.Unscheduled remote work means remote work performed in the working hours scheduled by th accordance with legal regulations, the internal regulations of the University and the un employee works, or other regulations of the University and the respective unit. 2.The employee may not work for more than 12 hours in one working day. Overtime work may b the employee only if expressly agreed upon with the employer or expressly ordered by the 3.The employee always schedules the working hours in the working days from 6a.m. to 10p.m. or she can perform the assigned working task in sufficient quality with regard to circum may influence the employee’s work performance and attention (fatigue, etc.) in a manner endanger the life or health of the employee or third persons. The employee includes the when scheduling work, in particular breaks for meals and rest in the full scope, that is 30 minutes after a maximum of 6 hours of work. The employee must respect uninterrupted d uninterrupted weekly rest when scheduling work. 4.For the purposes of the provision of holiday pay or remuneration paid under an agreement the scope of regular employment under Section 192 and 194 of the Labour Code, and for th taking holiday, the employer determines the working hours to be from 8a.m. to 4:30p.m., minute break for a meal and rest unless determined otherwise by the employer in specific *========================================================================================= * Article 4 Work Performed by Academics outside the Employer’s Workplace *========================================================================================= 1.In accordance with section 70a (3) of Act No. 111/1998 Sb., to regulate higher education and to change and amend other laws (Higher Education Act), as amended (“Higher Education academics perform the agreed work, with the exception of direct pedagogical activities a stipulated by the employer under the Labour Code, in the working hours scheduled by them place of their own choice. Activities performed in this manner are not considered as the work within unscheduled remote work. 2.In relation to Article 1 (6) hereof, academics may perform work outside the employer’s w following form: a) As scheduled remote work, that is, in the working hours scheduled by the employer, wh performs direct pedagogical activities under an agreement on remote work using remote co means, or other activities set by the employer in accordance with the Labour Code; b) As unscheduled remote work, that is, in the working hours scheduled by the academic, employee performs direct pedagogical activities under an agreement on remote work using communication means, or other activities set by the faculty in accordance with the Labou c) In the working hours scheduled by the academic, where the employee performs work dire pedagogical, scholarly, research, development, innovative, artistic, or other creative a 3.When performing work outside the employer’s workplace, academics must comply with the du employees hereunder, in particular the duties under Articles 6, 7, 8, and 9 hereof. 4.The costs incurred by academics exclusively in relation to the performance of work outsi employer’s workplace in the working hours under paragraph 2 (c) of this article are not costs incurred in relation to the performance of dependant work, and they are paid by th accordance with section 70a (3) of the Higher Education Act. *========================================================================================= * Article 5 Agreement on Remote Work *========================================================================================= 1.The employer and the employee may make an agreement on remote work as part of the employ the agreement to work outside the scope of regular employment, or as a separate document 2.Agreements on remote work with the individual employees of a faculty are approved by the respective faculty of the University; agreements on remote work at other units of the Un approved by the director of the respective unit of the University who has been authorise employment matters for the University, or an employee authorised by the Dean of a facult of other unit. Agreements on remote work at the Rectorate of the University and other un University whose directors have not been authorised to act in employment matters for the approved by the Bursar of the University, or by an employee authorised by the Bursar. 3.The agreement on remote work stipulates, in particular, more detailed conditions for the manner of remote work. 4.The performance of remote work may be specified in the agreement on remote work, in part following way: a) Regularly on specific days of the week; b) In a specific time period in a given month or calendar year; c) On days agreed upon with the superordinate employee. 5.Entering into an agreement on remote work means that the municipality in which the agree which the employee will perform remote work is located is temporarily added to the place employee. *========================================================================================= * Article 6 General Rules and Conditions of Remote Work *========================================================================================= 1.The employee performs work tasks using remote communication means (telephone, e-mail, et remotely. 2.The employee must be available at any time during standard working hours on the telephon work email address when working remotely. 3.The employee must record his or her working hours when working remotely and provide them so that the employer can keep records of the working hours in accordance with the Labour superordinate employee may decide, in particular, if necessary in relation to meeting th of external providers of financial means (grants), that the employee must record the wor including specific activities carried out at a given time, or other details. 4.If the employer has entrusted equipment for work to the employee based on an agreement o for the loss of entrusted property, the employee must give preference to this equipment remotely. 5.If equipment for work has not been entrusted to the employee under the previous paragrap article, the employee may perform remote work using his or her own equipment for work if with the conditions set by the legal regulations in the area of occupational health and 6.The employee must notify the employer without delay of any damage to the employee’s prop for the performance of work which was caused during remote work or in direct relation th notification must always include a description of the event causing the damage, includin time and expected amount of damage. The employee must provide any and all cooperation ne establishing the causes of the damage. If the damage caused to the employee’s property i within 3 days of the date of the damage, the damage is regarded as not having been cause the performance of work tasks or in direct relation thereto. The employer is not liable *========================================================================================= * Article 7 Occupational Health and Safety and Fire Protection *========================================================================================= 1.Before the agreement on remote work becomes effective, the employee must undergo proper the legal regulations governing occupational health and safety and fire protection, and the instructions and recommendations concerning the organisation of the place of remote employer’s directives concerning occupational health and safety. 2.The employee must comply with the legal regulations on occupational health and safety an protection when working remotely. 3.The employer may check that the requirements for the safe performance of work at a workp than the workplace designated by the employer are met, and the employee must enable such by persons authorised by the employer. The employer must notify the employee of a planne in advance. Should the employee prevent the inspection by not allowing access to persons the employer to the place of work other than the workplace designated by the employer, t terminate the agreement on remote work with immediate effect. 4.The employee must work remotely in premises which meet the requirements provided in the regulations on occupational health and safety and fire protection. If working conditions including malfunctions or changes of the equipment for work, which could threaten the li of the employee or third persons, the employee must immediately stop working, notify the this fact, and enable the employer to check the working conditions and the premises conc inspection performed shows that there are risks threatening the life or health of the em persons, the employer may unilaterally terminate the performance of remote work with imm The employee will then work at the employer’s workplace for the remaining part of the sh 5.If a work-related injury occurs, the employee is obliged to notify the employer without later than within 24 hours of the injury if the employee’s health condition allows the n addition to the mandatory elements following from the legal regulations regarding the no work-related injuries, it must include a detailed description of the events leading to t time of the injury, and a description of the circumstances which clearly indicate that t was injured during the performance of work tasks, in relation thereto, or in order to pe The employee is also obliged to enable the employer to inspect without delay the place o to investigate the circumstances thereof. If the employee fails to make the notification the inspection, it is regarded that the injury did not occur during the performance of w relation thereto, or in order to perform them. In this case, the employer is not liable caused. *========================================================================================= * Article 8 Protection of Information and Personal Data *========================================================================================= 1.When working remotely, the employee must ensure that data, facts, and information relate performance of work tasks are protected against any misuse by third persons and their di 2.Employees who process personal data within the performance of their work and work tasks the data are protected against their provision to third persons and against their disclo for cases where the employer received prior written consent of the data subject to do so must comply with the applicable generally binding legal regulations when processing pers is, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Counci 2016 on the protection of natural persons with regard to the processing of personal data movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulat 110/2019 Sb., to regulate the processing of personal data, as amended, and all relevant the employer. 3.When using information technology, the employee must comply with the employer’s regulati principles in the area of cybersecurity and ensure the protection of information and per processed while working remotely, in particular to use safe passwords, to use antivirus back up data, and to protect the passwords and devices used from being accessed by third 4.The employee is obliged to notify the employer immediately of any security incidents rel cybersecurity and the protection of personal data. The notification must include a detai of the security incident, including the designation of the data and information affected incident, and the potential risks arising from the security incident. 5.A breach of the employee’s obligations related to cybersecurity and the protection of in personal data is grounds for the termination of remote work by the employer with immedia *========================================================================================= * Article 9 Reimbursement of Costs *========================================================================================= 1.Employees are not entitled to the reimbursement of travel costs in relation to remote wo 2.As a rule, the agreement on remote work includes a provision stating that employees are reimbursement of costs in relation to remote work. *========================================================================================= * Article 10 Final Provisions *========================================================================================= 1.The Deans of the faculties of the University, directors of other units of the University authorised to act in employment matters for the University, and the Bursar of the Univer an implementing regulation which is to provide in detail for remote work at the respecti other unit of the University. 2.Rector’s Directive No. 32/2022, Performance of Work from Home (Home Office), is hereby r 3.This Rector’s Directive comes into force on the date of its execution and becomes effect 2023. In Prague on 27 September 2023 .pdf for download [ URL "UKEN-1923-version1- or___44_2023___performance_of_remote_work_at_charles_university.pdf"] .doc for download [ URL "UKEN-1923-version1- or___44_2023___performance_of_remote_work_at_charles_university.doc"] Section 93 of the Labour Code. Section 90 of the Labour Code. Section 92 of the Labour Code. Section 88 of the Labour Code. Section 93 of the Labour Code. Section 88 of the Labour Code. Section 90 of the Labour Code. Section 92 of the Labour Code. Appendix No. 1 to the Constitution of Charles University, as amended, and Rector’s Directi Authorisation of Directors of Other Units of the University who Have Been Charged with Pro to Act for Charles University, as amended. Section 96 of the Labour Code. In particular, Instruction No. 5 of the Data Protection Officer “Recommendation for the pr of personal data and the minimisation of risks and threats related to computer technology, communication, and networks when working from home”. Section 190a (2) of the Labour Code.