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September 01, 2023

Poland: New Regulations on Remote Work Enter into Force

Marcin Wujczyk, Ph. D.

In 2023 new regulations on remote work entered into force. They replaced past regulations on teleworking which established conditions for remote working for the first time in the Labour Code.

Definition of remote work

Remote work has been defined to be work which can be performed fully or partly at a place indicated by an employee and agreed each time with an employer, which includes an employee's residence address, in particular, through means of direct remote communication.

Agreement on remote work

Remote work can be agreed in the following ways:

  1. when an employment contract is concluded - at an employee’s request or an employer’s initiative;
  2. during a period of employment - at an employee’s request or an employer’s initiative;
  3. by an employer’s remote work order – only in a state of emergency/epidemy /epidemic threat or because of an employer’s inability to ensure H&S at a current workplace;
  4. during a period of employment, for occasional performance of remote work of up to a maximum of 24 days in a calendar year - at an employee’s request.

An employer has discretion in deciding whether to approve remote work. However, there are some special categories of employees for which an employer must accept a request to work remotely. This includes pregnant women, employees raising a child younger than 4 years of age, parents of a disabled child, etc. These categories of employees cannot be recalled from remote working unless further remote working is not possible because of the organisation of work or type of work performed by the employee.

Employer’s rights and obligations

An employer is responsible for providing to an employee materials and work tools, providing installation, service, maintenance of work tools or paying for costs related to remote work (e.g., electricity and telecommunications services), and familiarization with information on safe and healthy remote working. At the same time, an employer has the right to inspect in the statutory scope performance of work by employees (e.g., compliance with H&S and data protection rules).

Reimbursement of remote working costs

An employer has an obligation to pay for the costs of materials necessary to perform work remotely; for working tools purchased by an employee; for using an employee’s equipment (computer, printer, etc.); for installation, servicing and maintenance of equipment used for remote working; for electricity; telecommunications services and other costs associated directly with performance of remote working.

Marcin Wujczyk, Ph. D.

Partner in Employment Practice Wardynski & Partners Poland

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