Bill passed amending the Labour Code to include remote working - Update

10 February 2023 2 min read

By Emilia Kalecka

At a glance

The Polish Parliament has passed the Bill regarding remote work, which now awaits presidential signing and publication in the Journal of Laws.
The new Regulations will come into effect within two months of publication in the Journal of Laws.

As a reminder:

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 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 days per year, 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);

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;
update information on terms and conditions of employment.

On 27 January 2023 the Polish President has signed an amendment that will permanently introduce remote working into the Labour Code. Within a few days, the new legislation should be published in the Journal of Laws, and from that date employers will have two months to introduce the relevant changes into their internal Regulations.