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What are my options as an employer if an employee is only willing to work in home office?
Until official lock-down is announced due to the coronavirus, the employer operates according to the normal course of business. If the employer does not permit home office, the absence of the employee at the workplace is considered inexcusable.
So the employee has to go to the workplace and has to fulfill his/her work obligations, unless he/she can justify any such circumstance for his/her absence, such as caring for a sick child at home, etc.
Our opinion (KPMG LEGAL TÓÁSÓ LEGAL OFFICE) is that it is sensible for the employer to consider that some employees in special life circumstances – expectant mothers, employees caring for their elderly parents, etc. - should be allowed the possibility of working in home office, or even of receiving unpaid leave in special cases at the employee’s request. As employers, health data should not be requested from our employees! We should not ask them to make statements on whether they are pregnant, for example. Instead, we recommend preparing a list of 10-15 circumstances in which the employer would allow the employee to work in home office or to take unpaid leave at the employee’s request, if the employee states that one of the listed circumstances is valid in his/her case.
Source: KPMG LEGAL TÓÁSÓ ÜGYVÉDI IRODA
So the employee has to go to the workplace and has to fulfill his/her work obligations, unless he/she can justify any such circumstance for his/her absence, such as caring for a sick child at home, etc.
Our opinion (KPMG LEGAL TÓÁSÓ LEGAL OFFICE) is that it is sensible for the employer to consider that some employees in special life circumstances – expectant mothers, employees caring for their elderly parents, etc. - should be allowed the possibility of working in home office, or even of receiving unpaid leave in special cases at the employee’s request. As employers, health data should not be requested from our employees! We should not ask them to make statements on whether they are pregnant, for example. Instead, we recommend preparing a list of 10-15 circumstances in which the employer would allow the employee to work in home office or to take unpaid leave at the employee’s request, if the employee states that one of the listed circumstances is valid in his/her case.
Source: KPMG LEGAL TÓÁSÓ ÜGYVÉDI IRODA