The draft bill amending the Labor Code is currently in the review phase. Public consultations have concluded, revealing some disagreements between employers and trade unions. The bill proposed by the Minister of Development, Labor, and Technology has not yet been finalized, but we already know how certain solutions are regulated. In this article, we will focus on discussing several key issues that appear to be important from both the employer and employee perspectives.
By definition, remote work is defined as work performed entirely or partially at the employee's place of residence or at another location agreed upon by the employee and employer, particularly using means of direct remote communication. Enabling remote work may be agreed upon at the time of signing the contract, as well as during the employment period.
Will the employer be able to recommend remote work without consulting the employee?
The amended regulations stipulate that remote work may be performed based on an agreement between the parties. Exceptionally, it is possible to order remote work without consulting the employee. In this case, certain conditions must be met, including the validity of a state of emergency, state of epidemic threat, or state of epidemic, and for a period of three months after their lifting, as well as when it is necessary due to the employer's obligation to provide the employee with safe and hygienic working conditions. However, before such an order is received, the employee will be required to submit a declaration confirming that they have adequate physical and technical facilities to perform remote work.
Who has been added to the list of people whose application for remote work will be required to be approved by the employer?
In the current version of the draft act, the employer was obliged to take into account the request to perform remote work submitted by the employee:
- raising a child under 4 years of age,
- a parent of a child with a certificate of a severe and irreversible disability or an incurable life-threatening disease that arose in the prenatal period of the child's development or during delivery,
- a parent of a child with a disability certificate or a certificate of moderate or significant degree of disability as specified in the provisions on vocational and social rehabilitation and employment of disabled persons,
- a parent of a child with an opinion on the need for early support of the child's development, a decision on the need for special education or a decision on the need for rehabilitation and educational activities.
Currently, this catalogue has been extended to include persons who care for another member of the immediate family or another person living in a common household, who have a disability certificate or a certificate of moderate or severe disability.
What will the employer be entitled to if, during an inspection of remote work agreed during employment, it finds failures to comply with occupational health and safety regulations and rules?
The employer has the right to inspect an employee's work performance for compliance with occupational health and safety regulations. If the employer identifies a violation of these regulations during an inspection of remote work, the employer will request the employee to remedy the violations within a specified timeframe or withdraw consent to remote work.
To how many days has the possibility of occasional remote work been increased?
The possibility of occasional remote work – so-called remote work "on request" (i.e. without the need to conclude an agreement or establish remote work regulations) – is to be possible 24 days a year, originally it was assumed that it would be only 12 days a year.
When will it be possible to refuse remote work?
If an employee declares that they do not have adequate facilities and technical resources to work remotely, the employer may refuse to allow the employee to work remotely due to work organization or the type of work performed.
Protection of personal data while working remotely
Regardless of the planned changes discussed above, when working remotely, it's also important to remember to comply with personal data protection regulations. Employers are responsible for informing employees about the rules of remote work and providing them with the appropriate tools and support to properly perform it. Employees should adhere to the employer's implemented procedures, observe security rules related to data transmission, and protect entrusted electronic equipment and documentation from unauthorized access.
