On April 7, 2023, regulations introducing remote work into Polish law will come into force. This may be the final call to implement mechanisms to address these changes in your company.

The principles of remote work are specified in an agreement concluded between the employer and the company trade union or employees, work regulations or remote work instructions.

The agreement or regulations shall specify in particular:

a. the group or groups of employees who may be covered by remote work;
b. the rules for covering costs by the employer, i.e. materials and work tools, installation, and servicing of work tools;
c. the rules for determining the cash equivalent or lump sum;
d. the rules for communication between the employer and the employee performing remote work;
e. the rules for monitoring the work performed by the employee performing remote work;
f. the rules for monitoring occupational health and safety.

Types of remote work:

a. remote work may be specified in detail in the employment contract,
b. remote work may be performed occasionally, at the employee's request, for a period not exceeding 24 days in a calendar year.

Importantly, the Employer cannot refuse remote work if it is requested by, among others:

a. a pregnant employee,
b. an employee raising a child until the child reaches the age of 4,
c. an employee caring for another member of the immediate family or another person living in the same household, who has a disability certificate or a certificate of a significant degree of disability.

The employer has the right to carry out an inspection of the employee's remote work, an occupational health and safety inspection, or an inspection of compliance with information security and protection requirements, including personal data protection procedures.

The employer is obliged to provide, among other things, materials and work tools, as well as the installation, servicing and maintenance of work tools or to cover the necessary costs related to the above.

If you are interested in the above topic or are looking for answers to the following questions, among others:

1) How should the new regulations be implemented?
2) Can an employee work remotely at any time?
3) Can an employer send an employee to work remotely?
4) What are the employer's and employee's obligations under the new regulations?
5) Will every employee be able to work remotely?
6) Who cannot be refused remote work?
7) Can an employee be monitored while working remotely?
8) Who bears the costs of remote work?

Please contact our office, we will provide answers and help you implement mechanisms for remote work.

This article is for informational purposes only and does not constitute legal advice.

Legal status as of March 24, 2023

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