Labor Law – Remote Working Project

It is a government bill amending the Labor Code and certain other laws (Sejm Document No. 2335), passed by the Council of Ministers on May 24, 2022 and submitted to the Sejm on June 7, 2022. Labor Code.

Also read: The government has been working on the provisions on remote working for two years and gives employers two weeks to implement >>

Remote Working Definition

Remote work is work that is performed in whole or in part at the location indicated by the employee and always agreed with the employer, including the employee’s home address, in particular using means of direct communication at a distance. This means that the work can be performed completely remotely and in a hybrid model, i.e. both remotely and at the employer’s, as agreed between the parties to the employment contract. In addition, it will also be possible to occasionally work remotely, 24 days per calendar year.

The decal of the employer’s obligations and rights in connection with remote work:

  • Preparation of an occupational risk assessment and information containing the principles of safe and hygienic performance of remote work.
  • Defining the principles of performing remote work in an agreement concluded between the employer and the workplace union organization (or organizations – if the employer has more than one workplace union organization). If the workplace unions are not employed by the employer concerned, the rules for teleworking are laid down in the regulations by the employer, after consultation with the employee representatives. The performance of work remotely is also permitted if the said agreement has not been concluded and the regulations have not been issued. In such a situation, the employer lays down the rules for performing telework, respectively in the assignment to perform telework or in an agreement concluded with the employee.
  • Developing a procedure for the protection of personal data and providing instruction and training in this regard, if necessary.
  • Agreement to perform remote work by an employee when entering into an employment contract or during employment, in the latter case, the agreement can be submitted on paper or electronically at the initiative of the employer or at the request of the employee.
  • Before the employee is allowed to work remotely, collect a statement in paper or electronic form about reading the risk assessment and health and safety rules prepared by the employer and a statement that the teleworking position in the place indicated by the employee and agreed with the employer ensures safe and hygienic conditions for this work.
  • The provision of materials and equipment to the remote worker, including technical devices necessary for remote work, as well as installation, service and maintenance of equipment, including technical devices, necessary for remote work, or cover the costs associated with these activities.
  • Coverage of the costs of operating equipment, electricity and necessary telecommunications services, as well as other costs directly related to the performance of remote work, if the reimbursement of such costs is specified in the law laying down the rules for performing work at a distance. distance are specified. The coverage of the aforementioned costs (or an equivalent in case of non-provision of materials and tools by the employer) can be replaced by the obligation to pay a lump sum, the amount of which corresponds to the expected costs that the employee has to pay. related to remote work. The cover of costs, the payment of a cash equivalent or a lump sum does not constitute income within the meaning of the provisions of the law of 26 July 1991 on personal income tax (Official Gazette 2021, number 1128, as amended2).
  • The obligation to consider a remote work application submitted by: – ​​an employee – a parent of a child who is in possession of a certificate of disability or a certificate of moderate or severe disability; – a pregnant employee, – an employee who is raising a child up to the age of 4; an employee who cares for another member of the immediate family or another person who remains in the same household, with a certificate of disability or a significant degree of disability.

The employer can only refuse remote work to such an employee if it is impossible to perform it remotely due to the type of work or work organization. The employer will have to inform the employee about the reason for the refusal.

  • The obligation to treat remote workers no less favorably with regard to entering into and terminating employment contracts, working conditions, promotion and access to training to improve professional qualifications than other workers working in the same or similar work, taking into account the differences with regard to remote working conditions.
  • The right to monitor the performance of remote work by the employee, at the place of remote work, during the employee’s working hours and in consultation with the employee; including in the field of health and safety at work and compliance with information security and protection requirements, including procedures for the protection of personal data.

The change in remote working has been long anticipated by employers and employees, and its regulation is in response to market trends manifested in the need to provide work-life balance, recruiting and recruiting for employees. and expand competences throughout Poland, without having to open the new branches and rent additional space. Employers adopting the remote work model will find it easier to recruit new employees as the remote work capability is identified by job applicants as one of the key benefits to consider when choosing their dream employer.

The author is a partner of Mazars HR and Payroll Department.

Leave a Comment