Remote work
The coronavirus epidemic has changed the nature of work. As part of the Anti-Crisis Shield 1.0, employers were forced to modify working conditions, specifically having employees work remotely outside the office. This solution ensured business continuity. The introduced Anti-Crisis Shield 4.0 complements the regulations regarding remote work from home.
Previous regulations allowed employers to decide which employees would be subject to remote work and what categories of activities would be performed from home. These regulations have now been changed, and restrictions have been introduced regarding the activities and groups of employees subject to remote work. Under Shield 4.0, only employees who:
- performs work which, due to its nature, allows it to be carried out at home;
- has the technical skills and equipment necessary;
- has the local capacity to perform remote work.
The regulations do not provide a comprehensive list of activities to be performed or the means by which remote work is to be carried out. However, employers will have the right to impose certain obligations on employees, namely maintaining records of activities performed. These records should include:
- description of the activity performed,
- the time of its execution,
- date.
The obligations of the employer have also been defined, as he will be obliged to:
- providing employees with appropriate materials and tools to perform the assigned work,
- supply of work logistics services.
If an employee uses tools or materials not provided by the employer, this will not constitute a violation of the law as long as they use them in accordance with trade secrets, the protection of confidential information, personal data, and information that could expose the employer to harm. Every business must take steps to minimize the risk of personal data breaches and ensure appropriate safeguards. An employee's transition to remote work does not mean that the company's personal data protection policies change. When working on a company device, it should be remembered that it is a work tool. Therefore, it cannot be shared with other household members for use, for example, for watching movies or cartoons. Remote work on a home network also requires the employee to adjust security measures in cooperation with the IT department, such as setting passwords consistent with the security policy. The computer should be equipped with legal software and antivirus software. Furthermore, employees should be made aware that the internet they will be using to perform their assigned work has appropriate security measures to prevent third-party access to data processed on the computer equipment. A home network isn't always as secure as an office network, so it's worth taking steps to minimize the risk of hacking. Employees should especially avoid open Wi-Fi networks. To avoid threats, remote work policies should require employees to perform, for example, two-step system login, periodic password changes, and use only work email on the employer's domain. As a data controller, employers should remind employees that sending work materials to private accounts, opening self-extracting file attachments, or receiving messages from unknown sources is prohibited. Documents should be protected from unauthorized access and protected from accidental destruction.
The regulations do not specify the duration for which an employer may require an employee to work remotely. It is assumed that remote work is to be imposed to counteract the epidemic, meaning it should last as long as there is a threat to the health or life of employees. However, it should be noted that the regulations governing remote work expire 180 days after the entry into force of the Act on Special Solutions for the Prevention, Counteracting, and Combating of COVID-19, Other Infectious Diseases, and the Crises Caused by Them. This period should be considered the maximum period for which remote work can be mandated.
Furthermore, the employer will be able to withdraw the remote work order at any time and order the employee to return to work. This order must be issued in the same form in which the employer ordered remote work – in writing, verbally, or electronically.
Work performed on-site
If the employer has not mandated remote work and employees are required to report to work, all safety measures must be observed. The employer is then obligated to ensure and monitor the safe performance of work by employees, but also to verify that there is no risk to customers, suppliers, etc., who visit the workplace.
The regulations contain organizational guidelines regarding:
- ensuring employee safety
- providing masks, disposable gloves and disinfectants,
- keeping a distance from other people – at least 1.5 m,
- disinfection of common areas, telephones, countertops, coffee machines, etc.; frequent hand disinfection,
- using disposable dishes and cutlery, which should be thrown away after the meal,
- keeping meetings as short as possible, with doors and windows open and a distance of at least 2 meters between the employee and the client,
- staying at home if an employee notices coronavirus symptoms; contacting a doctor or infectious disease ward by phone – the employer is obliged to inform employees about this,
- ensuring safety in the office
- providing disinfection fluids in rooms, especially at entrance and exit doors,
- maintaining appropriate distance,
- placing hand washing and disinfection instructions at the sinks,
- disinfection of sanitary facilities,
- reducing the number of employees staying in a given place at the same time; time changes for people sitting close to each other – alternating shifts or remote work are recommended,
- remote contact as often as possible via telephone, e-mail, etc.,
- no requirement to wear masks; an obligation when employees have contact with outsiders,
- a situation in which there is a suspicion of infection in an employee/employee
- informing employees to stay at home, contact a doctor or an infectious diseases ward,
- if symptoms occur during work, the employee should be immediately sent home by individual means of transport,
- informing the local sanitary-epidemiological station and following their instructions,
- cleaning and disinfecting the surfaces where the infected employee was.
- a situation in which there is a suspicion of infection in an external person, e.g. a customer or supplier
- preparing a list of people who have been in contact with the infected person,
- compliance with GIS guidelines,
- disinfection of rooms in which the infected person stayed.
All of the above safety rules and measures must be strictly observed. Compliance with these requirements will reduce the number of illnesses and accelerate employees' return to work under their previous conditions.
