Poland: Planned Changes in Regulations regarding Remote Work

The project provides for the removal of the provisions on telework from the Labour Code and their replacement with a remote work regulation. However, in the current project, the provisions on remote work closely resemble the teleworking regulation. For example, similarly to the guidelines on telework , the rules of remote work should be specified in an agreement concluded by the employer with the trade unions. If there are no trade unions operating, the employer should establish the rules of remote work in the regulations, after consultation with employee representatives. It is important that the lack of agreement with the trade unions or failure to lay down regulations does not exclude the possibility of remote work. In this case, the rules for its implementation shall be determined individually, in the employer’s policies or in an agreement with the employee, if remote work is introduced at the employee’s request.

Pursuant to the proposed regulation, remote work will involve performing work entirely or partially outside of the employer’s office or outside the permanent workplace, in particular, with the use of means of direct remote communication. Additionally, according to the proposal, the employer should be, in principle, obliged to provide the employee with appropriate and safe tools for work. However, it is possible that the parties will agree on the use of the employee’s own equipment or materials. In this case, the employee will be entitled to a cash equivalent.

When analysing the project, it is clear to see that the regulation of remote work retained the main features of telework, which contributed to its low popularity.

The next step, requires the proposal to undergo consultations, e.g. in the Social Dialogue Council and changes at this stage are still possible.

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact Prof. Arkadiusz Sobczyk (Partner) of Sobczyk & Partners Law Firm at arkadiusz.sobczyk@sobczyk.com.pl or visit www.sobczyk.com.pl.