Coronavirus: Prevention in the Workplace – Remote Work. Employers, Remember to Implement the Necessary Procedures!
Dear Sir or Madam,
Due to the outbreak of coronavirus (COVID-19) in Poland and the possibility of instructing employees to work remotely, we would like to draw your attention to the obligations to implement the necessary procedures within the organization.
First, it should be recalled that the ability to instruct an employee to work remotely stems directly from Article 3 of the Act of March 2, 2020, on specific solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases, and the resulting crisis situations. Importantly, an order to work remotely does not require the employee's consent (unlike the introduction of telework). An order to work remotely is an official order and the employee is obligated to comply with it .
This provision grants employers the right to require employees to perform their work outside the workplace, for example, at home. However, issuing an official order is not sufficient. It should be remembered that when using remote work, it is necessary to implement the necessary procedures that take into account obligations arising from other legal provisions. In particular, a remote work policy and an IT system must be implemented, which also addresses security related to personal data processing (GDPR).
A remote work policy will ensure your organization meets its obligations under the GDPR and protects against data leakage outside the company in cases of remote work. Remote work carries a number of risks, including the risk of losing sensitive data, theft of passwords, data, and files from an employee's computer, the possibility of introducing Trojans, viruses, and pirated software. It's important to ensure that you only connect to a secured internet network. Your remote work and IT system policy will address these issues.
To ensure due diligence when working remotely, a procedure for collecting and returning documents, data media (disks, flash drives), and electronic equipment should be implemented. The employer-employee relationship should be based on good communication – providing information necessary for remote work and defining clear goals for effective task completion using appropriate tools.
At your request, we can prepare:
- Order to introduce remote work in the organization or a written order to work remotely,
- Remote work policy and work in the IT system,
- Handover and acceptance protocol for the transfer of data and electronic equipment for remote work,
- Instructions on the rules of conduct at the workplace due to the risk of coronavirus infection,
- Documentation related to the possibility of postponing the deadline for payment of ZUS contributions,
- Individually developed answers to legal questions arising in your organization in connection with the coronavirus.
If you are interested in assistance in preparing appropriate procedures, please contact a lawyer dedicated to serving your company or:
attorney Mateusz Grosicki – m.grosicki@kglegal.pl +48 506 367 109
attorney-at-law trainee Michał Kołtunowicz – m.koltunowicz@kglegal.pl +48 505 028 502
The Kijewski Graś Law Firm is monitoring the dynamic developments related to the growing threat of coronavirus. In the coming weeks, companies will be faced with difficult choices and decisions that may impact their rights and obligations. Therefore, we are enabling our clients to contact our lawyers by telephone, while limiting face-to-face meetings. Please contact the attorney dedicated to serving your company and the matters assigned to you.
Lawyers will provide advice on the current functioning and implementation of the provisions of the special act on combating coronavirus.
We are constantly reviewing legal regulations regarding the current situation and striving to select appropriate solutions. We are monitoring court decisions to close reading rooms or cancel hearings. We are also analyzing government announcements and their impact on business operations.
How can I implement remote work? Could my contract be at risk? Will there be a hearing? If you have any questions, we're here to help.
Please contact us by email at biuro@kglegal.pl or by phone at +48 22 856 36 60. You can also contact the lawyers handling your case directly.
The office is operating normally.
