Organization of remote work: Ukrainian legislation and standards of the European Union

Abstract

The article explores remote work in Ukraine and its alignment with European Union (EU) standards. It analyses the Ukrainian Labour Code and the 2002 EU Framework Agreement on Telework. It is emphasized reveals both similarities and differences between the two documents. Both emphasize the voluntary nature of telework, ensuring equal rights and protections for remote workers as those on-site. They prioritize health, safety, privacy, and confidentiality, mandating employers to provide necessary equipment and maintain safe working conditions. The author emphasizes the importance of distinguishing between the concepts of “remote work” and “home-based work”. It is established that the term “remote work” differs from “telework” in its international understanding and encompasses a broader scope than home-based work. However, a comparison between the definitions of telework provided in the European Framework Agreement on Telework of 2002 and remote work as outlined in the Ukrainian Labour Code concludes their synonymity. Other differences have also been scrutinized in the article: Ukraine allows employees combine remote work with office work (hybrid work), while the EU doesn’t address this yet. Ukraine also guarantees the right to disconnect, allowing remote workers to switch off after work. The EU is working on updates to cover these areas and create a more consistent approach across member States: This might include the right to disconnect, equal treatment for remote workers, and clearer rules for hybrid work. It was concluded that both regions need further development: Ukraine needs to address remote work abroad and data security, while the EU needs to modernize its framework.