Legal regime of work from home in national and international law

Abstract

In the conditions of pandemic Covid 19, there was an expansion of work from home, which includes various forms of informal work that is performed outside of business premises of the employer. Such work includes "reduced" control power of the employer, calls into question the legal subrogation in the employment relationship, and has negative consequences for the realization of the rights of employee (primarily for safety and protection at work and privacy). Therefore, the paper lists the most important international documents of International Labour Organization applicable to work from home. It can be noticed that the modern concept of work from home differs from the former, in a way that it is limited to intellectual jobs or services that are performed in the digital environment. Regulation of work from home in the main Labour Law of the Republic of Serbia is incomplete, while the current Law on Health and Safety at Work does not recognize this form of work, which de lege ferenda requires amendment and harmonization of provisions, all with the aim of ensuring fuller protection of fundamental rights to work and in connection with work, as well as regulating the status of employees