According to Section 155(5) of the Labour Law, a woman who takes maternity leave is guaranteed legal protection with regard to employment, i.e. the employer is obliged to keep the woman in her previous job. Where, for objective reasons, it is not possible to retain the previous job, the employer is obliged to provide a similar or equivalent job with working conditions and terms of employment no less favourable to the woman. This provision ensures that a woman's legal and economic situation does not deteriorate after maternity leave and that the use of leave cannot be the basis for less favourable treatment in the employment relationship.
Section 156(1) of the Labour Law provides that every employee, regardless of gender, is entitled to parental leave for the birth or adoption of a child. Such leave shall be granted for a period not exceeding one and a half years in total and may be taken until the child reaches the age of eight years. The legislator has therefore provided for a flexible approach to the use of leave in time, while preserving the purpose of the leave, which is to enable the parent to devote time to the care of the child.
Parental leave is essentially a complete release from work, during which the employment relationship between the employee and the employer is deemed to be suspended. This means that the employee is not obliged to carry out his/her work tasks and, consequently, the employer has no right to require him/her to fulfil his/her work obligations. It also follows from this nature of leave that parental leave is incompatible with the performance of work.
Consequently, during parental leave, an employee is not entitled to work for the same employer at the same time, regardless of the form or organisation of the work, including at the workplace, working remotely from home, working part-time or performing other duties. Working during this period would be contrary to the purpose of parental leave and could lead to a situation in which leave is formally taken but the employment relationship is in fact continued.
If the employee wants to resume part-time or remote working, the parental leave must be terminated. In this case, the employee shall return to work and the parties shall agree on further working arrangements, such as part-time work or another working pattern, subject to the requirements of the Labour Law.
Therefore, based on the provisions of Articles 155 and 156 of the Labour Law and the legal nature of parental leave, it follows that simultaneous parental leave and employment with the same employer are not permissible.
For employees with young children, the law provides additional protection, including a ban on employers terminating employment contracts during pregnancy and parental leave (except in cases provided for by law), the right to parental leave, job security, and protection against discrimination on grounds of marital status, special conditions for the organisation of work - the possibility to request part-time or flexible working hours, restrictions on overtime, night work and business trips without the employee's consent, and the right to additional breaks for childcare, thus ensuring a work-life balance.
According to Article 74(2) of the Labour Law, remote work is a type of work performance in which work which by its nature could be performed by the employee within the employer's establishment is performed permanently or regularly outside the establishment, including by means of information and communication technologies, while work which by its nature involves regular movement is not regarded as remote work for the purposes of this Law. Where the employee and the employer agree on remote working, the employer shall be obliged to cover the employee's expenses related to remote working, unless the employment contract or collective agreement provides otherwise and such conditions do not reduce the overall level of legal protection of employees.
At the same time, it should be stressed that the Labour Law does not give the employee a subjective right to determine the place of work and to choose to work remotely. Remote working is only possible if it is mutually agreed, which means that both the employee and the employer have to agree to this model of work organisation. In assessing the feasibility of teleworking, the employer is entitled to take into account the nature of the duties of the job, the needs of the work organisation, the internal processes of the undertaking, quality assurance, occupational safety and health requirements and other objective factors.
Consequently, employers are not obliged to agree to remote working if it is not objectively possible or if it is not reasonably compatible with the performance of the job, for example if the job requires physical presence at the workplace, direct interaction with colleagues or clients, certain technical equipment or enhanced data security controls. Teleworking is therefore considered a flexible form of work organisation, not a unilateral right of the employee, and its application in each case depends on the agreement of the parties and the specific work situation.
The legal framework for employees with young children differs from that for other employees in that the Labour Law provides them with enhanced legal protection and special conditions of employment aimed at ensuring childcare facilities and work-life balance, including enhanced protection against termination of employment during pregnancy and parental leave, the right to parental leave with job security, restrictions on overtime, night work and travel without the employee's consent, the possibility to request part-time or flexible working, and protection against discrimination on grounds of marital status, while no such specific protection mechanisms are provided for other employees by law.
The employer's obligation to assess the employee's family circumstances and to seek compromise solutions derives from the principles of good faith, fairness and reasonableness laid down in the Labour Law, which apply to all employment relationships, and in particular where the employee has young children or is in another socially vulnerable situation. This means that an employer, when receiving a request from an employee for a change in the organisation of working time, an adjustment of working arrangements, part-time working, flexible working or other work-related conditions, is obliged to assess the request carefully and objectively, not limiting itself to a formal refusal, but analysing the nature of the work duties, the organisation of work performance, the continuity of the work process, the workload of colleagues, customer service requirements and other circumstances relevant to the operation of the undertaking.
At the same time, when assessing the employee's family circumstances, the employer must take into account the childcare needs of the child, the specific nature of parental responsibilities, the need to provide supervision or care for the child at certain times, and the employee's objective ability to combine work and family life. The employer's obligation to seek compromise solutions is manifested in the obligation to consider alternative solutions, such as partial changes in working time, revision of the working timetable, introduction of elements of flexible working time, reallocation of work responsibilities or other organisational measures, provided that they achieve a balance between the rights of the employee and the legitimate interests of the employer.
However, this obligation does not mean that the employer should agree to any solution requested by the employee. If, after an objective assessment, it is concluded that a particular request is incompatible with the performance of the duties of the job, significantly interferes with the organisation of work, imposes a disproportionate administrative or financial burden or jeopardises the quality of work, the employer has the right to refuse the employee's request. In such a case, the refusal must be justified, clearly explained and based on objective criteria and not on the employee's marital status as such, in order to avoid the risk of discrimination.
Consequently, the employer's obligation to assess the employee's family circumstances and to seek compromise solutions should be seen as a balancing mechanism between the employer's right to organise work and the employee's right to protection of family life, ensuring that decisions on work organisation are taken in a considered, proportionate and good faith manner, taking into account the interests of both the employee and the employer.
6) How wide is the employer's right to determine the place of work and the form of work organisation?
The employer's right to determine the place of work and the form of work organisation is relatively broad, as it derives from the employer's right to organise work and manage the economic activity of the undertaking, but this right is not absolute and can only be exercised within the framework of the Labour Law, the employment contract and common law principles. The employer has the right to determine the place of work, the working time, the form of organisation of work (e.g. face-to-face or remote work) and the order in which work tasks are to be performed, provided that these conditions are consistent with the terms of the employment contract and do not violate the requirements of the legislation.
At the same time, employers are obliged to respect the principles of good faith, fairness and proportionality in exercising their rights, and to take into account the legitimate interests of the employee, including family circumstances and social protection, in particular for employees with young children. Where the place of work or the form of work organisation is fixed in the contract of employment, the employer may not unilaterally change it, except in cases provided for by law or where the contract of employment provides for flexible working arrangements. Remote working, on the other hand, is only possible by mutual agreement between the parties and the employee has no subjective right to request it unilaterally.
Employers therefore have the right to determine and change the workplace and the form of work organisation in accordance with the needs of the undertaking, but this right must be exercised in compliance with the regulatory framework, the terms of the employment contract and the protection of the employee's fundamental rights, ensuring a balance between the interests of the employer and the rights of the employee.
When an employer refuses to allow teleworking, the employee is advised to act in a thoughtful and sequential manner to protect his/her rights while maintaining a constructive working relationship. First, the employee should ask the employer for a written explanation of the reasons for the refusal to ensure that the decision is based on objective considerations related to the organisation of work and is not arbitrary or discriminatory. Secondly, the employee may approach the employer again with a reasoned proposal, offering alternative solutions such as partial remote working on certain days, more flexible working hours or part-time working arrangements, if this is compatible with the nature of the particular job duties.
If the employee considers that the refusal is unjustified or that his family circumstances or statutory protection have not been duly taken into account when deciding whether to telework, the employee has the right to write to the employer or to involve the employee representatives or the trade union, if one exists. In cases where discrimination or a breach of the Labour Law is suspected, the employee may also apply to the State Labour Inspectorate for advice or to initiate an assessment of the situation. At the same time, the employee should be advised to avoid arbitrarily failing to perform his/her work duties or unilaterally moving to remote work without the employer's consent, as this may be considered a breach of labour discipline. In practice, the best course of action is to maintain a dialogue with the employer, seek mutually acceptable solutions and, if necessary, make use of the legal redress mechanisms.
