The restrictions introduced from March 25, 2020, Regulation of the Minister of Health of March 24, 2020, amending the regulation on declaring a state of epidemic in the territory of the Republic of Poland, do not apply to employees who commute to work by one means of transport.
This position results directly from § 3a introduced by the aforementioned regulation, which states that "In the period from March 25, 2020 to April 11, 2020, the movement of persons staying in this area within the territory of the Republic of Poland is prohibited, with the exception of the movement of a given person for the purpose of performing professional activities or official tasks, or non-agricultural business activities, or conducting agricultural activities or work on a farm, and the purchase of goods and services related thereto (...)".
Where employees travel by private means of transport, for example, in a vehicle belonging to the employer or a vehicle of a private carrier providing a private transport service to the employer, the movement of employees in groups of more than two is not subject to the restrictions set out in the aforementioned regulation. It should also be noted that the regulation imposes restrictions on travel by foot and public transport, but there are no restrictions on travel by private transport.
The restriction resulting from the indicated regulation applies to travel using public transport. Within the meaning of the Act of 16 December 2010 on Public Transport (consolidated text: Journal of Laws of 2019, items 2475, 2493, as amended), public transport is a generally available, regular passenger transport service operated at specified intervals and on a specific route, lines, or network. Therefore, it is permissible for a larger group of people to travel in an employer's vehicle (for example, a bus).
Furthermore, it should also be noted that, in accordance with the above-mentioned regulation, the application of restrictions on gatherings to § 11a paragraph 2 does not apply to meetings and gatherings related to the performance of professional activities or official tasks.
To sum up: The restrictions arising from the above-mentioned regulation do not apply to persons travelling in groups of more than two people if they are travelling to work.
