| Abstract [eng] |
Analyzing the conclusions made by scientists in the doctrine, the legal acts of Lithuania relevant to this topic, the legal standards established by the European Union and the topic of telework and its peculiarities revealed by the case law. The first part aims to reveal the origins of telework, the problems of the concept of telework and analyzes the concept of telework, classification and the development of legal regulation in Lithuania. It has been found that there is no single common definition, but in a more general sense it is understood as a form of work organization that takes place outside the employer's premises, so the definition may vary depending on the elements chosen to complement telework. The second part aims to reveal the scope of the telework agreement and identify the issues. The specific nature of teleworking is due to the fact that aspects of the agreement are disclosed differently than usual due to the specific way in which work is organized. This section analyzes working time, the issue of compensation for work equipment and costs, the safety and health of the employee, the aspect of accountability to the employer, the protection of confidential information and the protection of employee data and privacy. The mentioned peculiarities are revealed by comparing the legal regulation of Lithuania with the general agreement of the social partners of the European Union on telework. The third part aims to reveal the peculiarities of teleworking. It is established that the application of telework may be based on the employee's application, the employer's offer and the agreement of the parties, and the employee's refusal to work remotely on the employer's proposal shall be analyzed in detail, identifying gaps in the legislation and providing solutions. In addition, the aspect of non-discrimination in relation to distance workers is analyzed. |
