On 1 January 2016 the Flexible Work Act came into force. The name reflect the purpose of the law adequately, as the purpose is to facilitate employees working in a flexible manner. The law provides the employees with the opportunity to submit an application to their employer regarding the changes in their work hours or work place.
The employee submitting a request has to meet certain requirements. He is to be in service with the employer for at least six months and he can submit a request just once a year.
Should the employer always honor the request of the employee?
The right to make a request does not automatically mean that the employer is obliged to approve it. The employer may reject an application for the adjustment of working hours (working more or less hours) or working times on the grounds of compelling business interests. An example of such a compelling interest is a situation when an employee requests to work outside normal office hours and stands in the way of the business activities of the employer.
For the adjustment of the workplace, the employer does not need to have compelling business interests. However, the employer is to take the request into serious consideration and to discuss the request with the employee.
Any approved adjustment of working times or place of work is not carved in stone: it is still possible to reconsider an approved adjustment of working times or workplace should business conditions so dictate. Please note that unilateral revision of approved adjustment of working hours is not easily done, but naturally new arrangements can be agreed upon with the employee.
We recommend employers to timely respond to requests submitted by employees. In the event the request is declined, we would suggest to clearly indicate why a request is being denied.
