The coronavirus pandemic has caused significant changes, including in the field of labour law and the introduction of remote work. This has been regulated by the Labour Code and laws adopted by the Sejm on January 10, 2023 (published in the Journal of Laws on February 6). At the same time, a variety of procedures, tools, instructions, and regulations related to the safe performance of work at employees’ place of residence have emerged.
What is remote work and when is it possible?
Remote work is work performed outside the company’s premises — at home or in another location where it is possible. Of course, remote work is not always possible: it is most commonly associated with office positions or call centers. The Labor Code contains a definition stating that remote work is work fully or partially performed at a location specified by the employee and agreed upon with the employer. It should be conducted using means of direct communication, such as internet messengers, telephones, or video conferencing applications. Work can be carried out entirely or partially remotely. This means that it can also be undertaken in a hybrid form, for example, 2 days at the office and 3 days at home.
What are the types of remote work?
Among the types of remote work, we can distinguish remote work on the employer’s order, occasional remote work, and remote work for parents and caregivers of disabled individuals.
Remote work at the employer’s request
This is remote work initiated by the employer or upon the employee’s request, provided that it has been agreed upon by both parties. The employer’s instruction is only possible after obtaining a statement from the employee confirming their possession of the necessary local and technical conditions for remote work. In certain circumstances, the employer may also mandate remote work. This can occur during a state of emergency, natural disaster, epidemic, or when the employer is unable to provide adequate working conditions on-site, such as in the case of a serious malfunction or temporary closure for any reason. However, routine office renovations do not fall into this category. The employer’s instruction should specify their coverage of the costs associated with remote work, reimbursement of expenses incurred by the employee, methods of communication, and monitoring of the employee.
Occasional remote work
Occasional remote work will be possible for up to 24 days per year. Only the employee will be able to apply for it. The application for occasional remote work is not binding for the employer, which means that the employer may refuse such work to the employee. The regulations also allow employees working in a hybrid system to apply for occasional remote work. An employer allowing only occasional remote work in the company is not required to reach an agreement with trade unions or prepare regulations. There is also no obligation to provide the employee with equipment and materials for work or to cover costs. The exclusion of mandatory periodic training for employees in administrative and office positions, regardless of the predominant activity, also does not apply here.
Remote work for parents and caregivers of disabled individuals
The Labor Code provides more rights, including to pregnant women, parents of young children (up to 4 years old), as well as to disabled individuals requiring care, support for development, or special education.
Additionally, a request for remote work can be submitted by individuals caring for another disabled family member. The requests of these individuals may only be rejected by the employer if the nature of the work or its organization does not allow for remote execution. The employer will have 7 working days from the submission of the request to inform the employee of the rejection of the remote work request (along with stating the reason for the refusal).
How to introduce remote work in a company?
Employers wishing to introduce remote work in their company will need to establish its rules. If there are trade unions in the company, this must be done in agreement with them. If, within 30 days of the employer presenting the draft agreement to the unions, no agreement is reached, or if there are no trade unions in the company, the employer will need to establish the remote work regulations on their own. There is no need to obtain the consent of the employee representative to establish the content of the regulations. It is only necessary to consult the provisions and consider the reasonable demands of the employees. The agreement with the unions or regulations should include the following information:
· groups of employees eligible for remote work;
· rules for covering or reimbursing the costs of remote work to the employee;
· rules for communicating with remote employees and methods for confirming their presence at the workplace;
· rules for monitoring the work performance by the employee, adherence to occupational health and safety regulations, and compliance with information security protocols;
· rules for installation, maintenance, or inventory of equipment and software provided to the employee by the employer.
The regulations should be introduced by the employer in the form of an order, which will be distributed via email or provided to employees in another manner agreed upon within the company. The regulations may take effect immediately upon announcement. However, remote work can also be performed in the absence of an agreement or regulations. In such a case, an agreement with the employee will serve as the basis.
Either party may also submit a binding request to cease remote work. The parties to the employment contract must mutually establish a deadline for the termination of remote work, which cannot exceed 30 days from the submission of the request. This does not apply to employees who have submitted a binding request for remote work themselves, such as parents of young children, caregivers of disabled children, or pregnant women. In these cases, cessation of remote work will be possible if it cannot be performed due to the nature or organization of the work.