Poland: Remote Working will be Regulated by Law
Based on the published information about the planned remote working legal regulation, remote working would be carried out, wholly or partly, at the employee’s place of residence or at another place agreed upon by the employee and the employer. An agreement between the parties to carry out remote work will be allowed both at the conclusion of the employment contract and during employment.
According to the proposed regulations, the rules of performing remote work are to be determined in an agreement concluded between the employer and company trade unions. However, if no such agreement is concluded or if there are no trade unions actively engaged with the employer, the regulations will be determined by the employer. Remote work will also be allowed at the employer’s request, but only if the employee has the premises and technical conditions to carry out such work. In addition, remote work will be permitted at the employer’s instruction or at the employee’s request in the event that no agreement or regulations have been concluded.
The employer will be obliged to provide the employee with the materials and work tools necessary to perform the remote work, as well as to cover the costs directly related to the performance of the remote work (including the costs of electricity and access to telecommunication lines). If however, materials and working tools owned by the employee are used for remote work, both parties will be able to conclude an agreement specifying the principles of their use. In such a situation, the employee will be entitled to an allowance (or a lump sum) in the amount determined by the parties.