拉脱维亚远程办公的法律挑战

Marta Urbāne, I. Dovladbekova, Anželika Berķe-Berga
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引用次数: 0

摘要

本研究由拉脱维亚共和国教育和科学部项目“与COVID-19一起生活:拉脱维亚克服冠状病毒危机的评估和未来社会复原力的建议”资助,项目编号VPP-COVID-2020/1-0013。由于技术的发展和新一代进入劳动力市场,远程办公正迅速成为一种更广泛的就业形式。过去一年,新冠肺炎危机的相关性有所增强。在拉脱维亚的管理框架中,最近对这一点进行了界定,包括《劳动保护法》中对远程工作的界定。鉴于公司不得不相对较快地适应远程工作的组织,在实践中,有效实施可持续远程工作存在法律障碍。本文的目的是揭示拉脱维亚实施高效和可持续远程工作的最重要的法律障碍,考虑到其他国家的经验。本研究采用了国家和国际立法来实现既定目标。在文章的发展中使用了描述、分析、归纳和演绎的方法。结果表明,在远程工作的背景下,拉脱维亚的法律适用于员工与数字设备断开连接的权利存在不确定性。作者还发现,计划对《劳动法》进行的关于远程办公的修改并未在紧急情况下(如Covid-19危机)的雇佣关系中创造法律确定性。提交人还建议将断开连接权纳入拉脱维亚法规,以确保雇员的隐私权以及安全和健康的工作环境。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Challenges of Teleworking in Latvia
This research is funded by the Ministry of Education and Science, Republic of Latvia, project “Life with COVID-19: Evaluation of overcoming the coronavirus crisis in Latvia and recommendations for societal resilience in the future”, project No VPP-COVID-2020/1-0013. Due to technological developments and entry of new generations into the labor market, teleworking is rapidly becoming more widely used as a form of employment. The Covid-19 crisis has increased its relevance over the past year. In the Latvian regulatory framework, this has been defined recently, including the definition of telework in the Labour Protection Law. Given that companies have had to adapt to the organisation of telework relatively quickly, in practice there are legal obstacles to effective implementation of sustainable telework. The aim of the article is to reveal the most significant legal obstacles to implementation of efficient and sustainable telework in Latvia, considering experience of other countries. Both national and international legislation have been used in the study to achieve the set goal. Descriptive, analysis, induction and deduction methods have been used in the development of the article. The results showed that there are uncertainties about application of the law in Latvia in the context of telework to the employee’s right to disconnect from digital devices. The authors also found that planned changes to the Labour Law regarding telework do not create legal certainty in employment relations in emergency situations, such as the Covid-19 crisis. The authors also suggest including the right to disconnect in the Latvian regulation, to secure employees’ rights to privacy and secure and healthy work environment.
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