Remote work is to be finally adopted as a permanent solution in the Polish legal system. The authors of the draft emphasize that the numerous requests to keep this flexible working arrangement in existence also after the state of epidemic due to COVID-19 is officially terminated in the territory of Poland have been received from both employees and employers’ organizations, who recognized the advantages of this solution.
The amendment provides for three types of remote work:
- “bona fide” remote work performed entirely or partially off-site,
- remote work performed on the employer’s instructions issued for a specific period,
- occasional remote work performed up to a maximum of 24 days per year at the employee’s request.
Bona fide remote work
Remote work, according to the new definition, will refer to work performed entirely or partially in a place indicated by the employee and agreed on each occasion with the employer. The parties to the employment contract may agree that the employee will be working remotely when signing the employment contract or in the course of employment. If the remote working arrangement were to be made during the course of employment, it may take place either upon the initiative of the employer or at the request of the employee. To reinstate stationary work, either party to the employment contract will be able to make a binding request to discontinue remote work.
Remote work on the unilateral instruction of the employer
Remote work instructed by the employer unilaterally will be allowed during a state of emergency, a state of epidemic threat or a state of epidemic, and for 3 months after their termination, as well as in the period when due to force majeure the employer will be temporarily unable to provide safe and healthy conditions at the current workplace. The above, however, will be subject to the condition that the employee, immediately before the instruction is issued, submits a statement that he/she has the appropriate housing and technical conditions to perform remote work.
Occasional remote work
The draft law also provides for the introduction of occasional remote work, performed at the employee’s request submitted in paper or electronic form, for up to 24 days in a calendar year. Occasional remote work will be subject to practically none of the formalities or obligations referred to below. Also, in the case of occasional remote work, the employer will not be required to cover the costs of remote work, provide materials or tools for work.
Rules applicable to “bona fide” remote work and that instructed by the employer unilaterally
- Obligation to agree or impose remote working rules
the rules of remote working will have to be specified in an agreement made between the employer and the trade unions.
- Labour costs
the employer will be required to provide the employee working remotely with materials and tools for work; cover the costs associated with the installation, service, operation and maintenance of work tools, costs of electricity and necessary telecommunications services. The employee will be paid an allowance in an amount agreed upon with the employer.
- Control of remote working and health and safety issues
the employee can be allowed to work remotely on condition that he/she submit a declaration that his/her remote workstation provides safe and healthy working conditions. The employer will be entitled to control the employee’s performance of remote work.
- Prohibition of discrimination
an employee working remotely may not be treated less favourably with regard to entering into and terminating employment, terms of employment, promotion and access to professional development training compared to other employees engaged to do the same or similar work, taking into account the inevitable differences arising from the remote working conditions.
