Amendment to the Labour Code on remote work adopted

On 1 December 2022, the Sejm adopted the amendment to the Labour Code which introduces remote work into Polish regulations for good. According to the new regulations, remote work may be performed in whole or in part at the place indicated by the employee and each time at the place agreed with the employer, in particular by means of direct distance communication.

Remote work in Polish labour law — key solutions

The long-processed amendment of the Labour Code was finally adopted by the Sejm on 1 December 2022. It is extremely important news for employees and employers, as it will allow the remote work also after the cancellation of the state of epidemic threat.

It should be remined that under the current regime, according to Article 3 of the Special Purpose COVID-19 Act, an employee may be entrusted with remote work in order to combat COVID-19, during the state of epidemic threat or the state of epidemic and up to 3 months after their cancellation.

The adopted amendment changes this situation and not only makes it possible to permanently entrust work to be performed remotely, but also sets out in detail the rules for entrusting remote work, which has recently gained much popularity among employees and employers.

According to the new regulations, remote work will be:

• work carried out in whole or in part at the place indicated by the employee and each time at the place agreed with the employer, including at the place of employee’s residence, and in particular by means of direct distance communication;

• work carried out also on an occasional basis, at the individual request of the employee, in circumstances justified by the worker’s needs, not exceeding 24 days in a given calendar year;

• work entrusted to the employee when concluding an employment contract, details in the employment contract in writing or work entrusted during the period of employment, but without the need to confirm the remote work in writing.

When instructing an employee to perform their duties remotely, the employer will be obliged to:

• provide the necessary materials and tools, including technical equipment and their maintenance;
• cover the costs of electricity and telecommunications services necessary to perform employee duties, such costs to be cover as a lump sum or allowance.

In addition, the employer will not be able to refuse to perform remote work to i.a. parents raising a child under the age of 4, pregnant women or persons caring for a family member with disabilities.

The amendment to the Labour Code will enter into force 14 days from the date of its publication in the Journal of Laws. The amendment adopted by the Sejm will now go to the Senate.

Remote work — current regulations

At present, remote work is exceptional, as it has been introduced as a tool to combat the COVID-19 pandemic. Currently, the provisions of the Labour Code do not regulate the remote work. However, it can be entrusted to employees under the Special Purpose Act of 2 March 2020 during the state of epidemic or the state of epidemic threat and within 3 months after the date of cancellation of the state of epidemic or the state of epidemic threat announced due to COVID-19.

Additionally, the current provisions of the Labour Code provide for the possibility to perform work in the form of telework.

Remote work 2023 – key changes — learn more and watch the webinar recording

Read also: Remote work to be regulated in the Labour Code. What changes can employers expect?

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