Remote work in Labor Code – new obligations for Employers

On 7 April 2023, an amendment to the Labor Code, which will introduce remote work into the Polish legal order will come into force. The amendment defines remote work as work performed wholly or partly at a place indicated by the employee and agreed with the employer on each occasion, including at the employee's home address, using means of direct communication at a distance.

According to the amendment, remote work will be able to be introduced based on:

• employer's order,
• an agreement between the employer and the employee,
• at the employee's request.

In the case of employees who are pregnant, raising a child up to the age of 4 or taking care of another member of their immediate family or another person remaining in the same household with a disability certificate or a certificate with a significant degree of disability, the employer will be obliged to agree to the request for remote work, unless due to the organization or type of work it is impossible.

The employee will also be given the right to work remotely at his/her request for 24 days per calendar year. However, in this case, the employer will not have to regulate its rules in the work regulations or in an agreement with trade unions, nor will it be required to pay employees an allowance or lump sum for the use of the internet, electricity, or private equipment.

The amendment will impose the following obligations on employers:

1) to provide work materials and tools, including technical equipment necessary for remote working,

2) to cover costs related to the installation, servicing, operation, and maintenance of work tools, as well as the cost of electricity and necessary telecommunication services,

3) to cover other costs directly related to the performance of remote work,

4)to provide training and technical assistance necessary to perform remote work.

The amendment also grants the employer the ability to:

1) control the performance of remote work by the employee,

2) verify in terms of health and safety at work,

3) control compliance with information security and protection requirements, including personal data protection procedures.

The above-mentioned amendment results in the necessity to adjust the regulations and agreements currently in force in the case where they have already been introduced at the employer, and to introduce relevant regulations at employers who intend to remain with the remote work model and have not yet introduced such regulations.