What challenges await employers?

Ladies and Gentlemen,
we have received the draft amendment to the Labor Code, which is expected to be submitted to the Sejm soon. The draft amendment is currently undergoing public consultation.

The legislature's primary goal is to regulate the terms and conditions for remote work. The current regulations regarding remote work are quite general and raise questions from both employers and employees, so the legislature deemed it appropriate to clarify them.

The amendment to the regulations on remote work may mean that employers are obliged to introduce additional procedures, regulations and declaration templates within their organisation.

We present to you the most important assumptions of the draft amendment to the Labor Code:

1. Remote work will only be possible if the employee has the necessary premises and technical resources to perform remote work. The employee will be required to submit an appropriate declaration in this regard.
2. The employer will regulate remote work in regulations, after consultation with employee representatives. The regulations will include:
   1. groups of employees covered by remote work,
   2. rules for determining the cash equivalent in the event that an employee performing remote work uses materials and tools that are his property,
   3. rules for communication between the employer and the employee performing remote work, including the method of confirming the presence of the employee performing remote work at the workplace ,
   4. the method and form of monitoring the performance of work by an employee performing remote work.
3. The rules for performing work may also be specified in the remote work order or in consultation with the employee.
4. The information issued to the employee pursuant to Article 29 § 3 will have to include additional information regarding remote work.
5. The employer will be obliged to:
   1. providing the employee working remotely with the materials and tools necessary to perform remote work,
   2. covering costs related to the installation, service, operation and maintenance of tools,
   3. providing the employee performing remote work with technical support and necessary training in the use of tools.
6. The employee will be entitled to a cash equivalent for the use of his/her materials and tools when performing remote work.
7. It will be necessary to define the principles of data protection provided to employees working remotely and to provide employees with instruction and training in this regard.
8. Some of the employer's obligations regarding health and safety towards an employee working remotely will be excluded,
9. The employer will be obliged to prepare an occupational risk assessment related to the work performed and to develop information containing the principles of safe and hygienic performance of remote work, taking into account in particular the impact of this work on the eyesight and the muscular and skeletal system.
10. Before allowing an employee to work remotely, the employee will submit a declaration to the employer confirming that the remote work station at the employee's place of residence or another location designated by the employee ensures safe and hygienic working conditions. If remote work is performed, the employee will be responsible for the proper organization of the remote work station.

Our law firm is closely monitoring the draft amendment to support you in preparing the necessary documentation to meet your obligations under the Labor Code. We are also ready to audit your existing regulations and other documentation related to remote work.

This material is for informational purposes and was prepared on the basis of the draft act amending the Labor Code.

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Maksymilian Graś

Attorney, partner
+48 508 197 216 | m.gras@kglegal.pl