The remote work regulations have been in place for nine months now. By the end of 2023, the National Labour Inspectorate had managed to carry out 248 inspections on the implementation of remote work. 60 per cent of them revealed irregularities, but the National Labour Inspectorate did not impose financial penalties on the companies.

The remote work regulations came into effect on April 7, 2023. Grant Thornton, a consulting company, decided to ask the Chief Labour Inspectorate about the data from the first inspections of the National Labour Inspectorate on the implementation of remote work in companies.

According to data shared with Grant Thornton on December 29, 2023, by GIS, PIP inspectors conducted a total of 248 inspections of companies. Of these, 60% (149 audits) found irregularities, while the remaining 40% of the audited companies (99 audits) found no deficiencies.

The PIP auditors found the most irregularities in the following areas:

• breach of the obligation to provide an employee with whom remote work has been agreed during employment or who has been instructed to work remotely, no later than on the date on which the employee commences remote work, the information specified in Article 6721 § 1 of the Labour Code (i.e. in terms of specifying the employer’s organisational unit in whose structure the employee’s workplace is located and indicating the persons/bodies responsible for cooperation with the employee performing the work remote work and those authorised to carry out inspections at the place of remote work) – (6721 § 2 of the Labour Code);
• breach of the obligation to collect a statement from the employee (before allowing for remote work) containing confirmation that safe and hygienic working conditions are ensured at the remote work station in the place indicated by the employee and agreed with the employer – (Article 6731 § 7 of the Labour Code);
• breach of the obligation to receive a statement from the employee (before being allowed to work remotely) on familiarizing themselves with the occupational risk assessment and information containing the rules for safe and hygienic remote work and on undertaking to comply with the rules contained therein (Article 6731 § 6 of the Labour Code);
• violation of the obligation to cover the costs of electricity and telecommunications services necessary to perform remote work – (Article 6724 § 1 point 2 of the Labour Code);
• violation of the obligation to pay an equivalent or to replace it with a lump sum in connection with the use of their own work tools and materials by employees (Article 6724 § 2-4 of the Labour Code).

Only seven offences were found among the irregularities found. However, the inspectors of the National Labour Inspectorate did not impose financial penalties on the companies, but limited themselves to education.

Four of the offences were related to the breach of non-payment of the employee’s benefit (Article 282(1)(1) of the Labour Code).

The other three offences, one case each, were related to:

• violation of the provisions concerning the granting of the request of privileged employees to perform remote work (Article 281(1)(5c) of the Labour Code),
• lack of written confirmation of the terms and conditions of employment of an employee working remotely (Article 281 § 2 of the Labour Code)
• failure to comply with health and safety regulations or rules (Article 283 § 1 of the Labour Code).

Source: All data from Grant Thornton.

Source: https://www.seka.pl/pip-skontrolowala-wdrozenie-przepisow-pracy-zdalnej/

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.