In today's flexible work environment, remote work has become not just an exception, but a new norm. But what happens when an employee stops answering calls, misses meetings, or simply refuses to return to the office? Is it a legitimate use of remote work rights, or has it crossed the line into neglecting their duties? This fine, often blurry line creates uncertainty for employers, raising important questions about legal boundaries, employee obligations, and effective workplace policies. In this article, we'll explore how to navigate these challenges and ensure remote work arrangements for everyone.
Organising Remote Work: Legal and Practical Insights
According to the Lithuanian Labour Code, remote work is an official form of work organisation where an employee performs part or all their working hours outside the office, at another location acceptable to the employer, using digital tools. The most important aspect is that this form of work is clearly agreed upon and regulated in the employer's documents. Such documents may include employment contracts, workplace rules, internal work organisation procedures, remote work policies, individual agreements between employer and employee, or company internal regulations. In fact, the name of the document is less important than its content. The content must be clear and comprehensive, covering all specifics of remote work organisation, methods and rules for communicating with employees, rules for recording working time, workplace requirements where necessary, procedures for using work equipment, compensation for expenses incurred, and other essential arrangements.
But what happens if these rules are vague or non-existent? In such cases, misunderstandings arise, and the employer loses the right to apply the strictest disciplinary measures to employees, for example, those who overstep the boundaries or rules of remote work.
Tracking Working Hours: The Remote Work Challenge
One of the trickiest challenges in remote work is tracking working hours. According to the Labour Code, employees have the right to organise their own working time but must respect the maximum working hours and minimum rest periods. This requires trust but also crystal-clear rules.
Employers have the right to verify if employees are truly performing their duties, for example, by monitoring system logins or evaluating work results, but they must respect employees' privacy. A well-balanced approach to control and freedom is key to successful remote work organisation.
Risks When Rules Are Missing
When remote work policies are unregulated or unclear, various problems can occur, from abuse of working hours to communication breakdowns, which may even lead to legal disputes. Lithuanian court practice clearly states that in such cases, employers cannot demand perfect discipline from employees nor apply the harshest sanctions.
Moreover, if employees believe remote work means "freedom to handle personal matters during working hours", trust and teamwork suffer. That's why employers must not only set clear rules but actively communicate them.
Conclusions: How to Make Remote Work Legally Secure and Effective
- Draft clear, written remote work policies covering working time recording, communication principles, workplace requirements, equipment usage, expense compensation and other.
- Ensure all employees understand these rules in plain, accessible language.
- Balance flexible working hours with the employer's need to control work quality and outcomes.
- Respect employee privacy and protect personal data.
Remote work offers great opportunities for both employees and employers, but only when organised responsibly and in compliance with current legislation. Otherwise, it may lead to misunderstandings and serious legal consequences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
