Remote work – draft changes to the Labor Code

On the website of the Government Legislation Center, a bill amending the Labor Code, introducing the regulation of remote work, has been published.

The proposed regulation provides that:

/  remote work may be entrusted at the request of the employer during a state of emergency, epidemic threat and epidemic, and within 3 months after their end, as well as during the period in which, due to force majeure, it will temporarily be impossible to ensure health and safety conditions at the workplace; the condition is, however, obtaining the employee’s declaration that he/she has the premises and technical conditions to perform remote work;

/  at the request of some groups of employees for remote work (e.g. pregnant employees, a parent raising a child under 4 y.o.), the employer will be obliged to agree to work remotely, unless it is not possible due to the organization of work or the type of work performed by the employee;

/  the employee will be required to submit a statement confirming that the remote work position in the place indicated by the employee and agreed with the employer ensures safe and hygienic working conditions;

/  an employee working remotely is to be able to stay on the premises of the workplace, contact other employees, and use the employer’s premises and equipment, as well as corporate social facilities and social activities;

/  the principles of performing remote work are defined in an agreement agreed with the trade unions or employees’ representatives, and if no agreement is reached, the employer shall establish the regulations of remote work;

/  the employer will be obliged to: (i) provide the employee performing remote work with the necessary materials and work tools, (ii) cover the costs related to the installation, servicing, operation, and maintenance of these tools, (iii) cover the costs of electricity and necessary telecommunications services, (iv) provide the employee with the necessary training and technical support; for the use of own equipment, the employee will be entitled to a cash equivalent;

/ the bill also provides for the regulation of the employer’s new obligations in the field of health and safety (it will be necessary to perform anoccupational risk assessment regarding remote work, collecting a health and safety statement from the employee), and specifies the rules of conduct in the event of an accident at work;

/ the employer will have the right to control the performance of remote work by the employee, including in the field of health and safety and compliance with personal data protection procedures, on the terms set out in the agreement, regulations, instruction, or agreement concluded with the employee.

The bill has been referred to the Legal Committee. After consultation, it will be referred to the Sejm.

According to the assumptions of the bill, the regulation of remote work is to enter into force after 3 months from the end of the epidemic throughout the territory of Poland.