Remote work soon in the Labour Code (update)

At a glance

• On 1 December 2022, the Sejm (the lower house of the Polish Parliament) passed new legislation on remote work.
• Although this is not the end of the legislative process (and although remote work is already commonplace), employers should start preparing for the implementation of this legislation now.

What key modifications to the Labour Code will result from the new legislation?

• Remote working will completely replace teleworking in the Labour Code;
• A unilateral instruction to work remotely by the employer will only be allowed in exceptional situations defined by the legislation (e.g. during an epidemic). In other cases, the employer and the employee should reach an agreement on remote work;
• Pregnant women, parents of children under the age of four* (*work on the final age is still in progress) and employees caring for people with disabilities will be able to demand the right to work remotely;
• The employer will be required to cover the costs incurred by the employee associated with remote working, including the costs of electricity and telecommunication services;
• The location of the remote work should be agreed with the employer;
• If the performance of remote work was agreed upon during the course of employment (rather than at the conclusion of the employment contract), either party may demand the reinstatement of the previous working arrangements;
• A completely new instrument will be introduced - occasional remote working of up to 24 or 30** days per year (**the final number is still being worked on), during which some of the employer's rules and obligations will not apply (e.g. the obligation to cover the costs related to remote working);

UPDATE:

What documents should employers start preparing?

• An agreement (concluded with the company's trade union organisation) or regulations (consulted with employee representatives) on the rules of remote working; This also involves the possible removal or modification of existing regulations on remote working from workplace regulations and employment contracts;
• A statement from the employee confirming that his / her remote workstation meets health and safety requirements;
• A statement from the employee confirming that he / she has read the risk assessment and health and safety information;
• An occupational risk assessment – a universal risk assessment is possible for different groups of remote working positions;
• A data protection policy for the performance of remote work and confirmation that the employee has read it.

How much time is there to prepare?

According to the bill, the provisions on remote working will enter into force within two (or three – work on the final vacatio legis period is ongoing) months from the date of publication of the bill in the Journal of Laws.