The Ministry of Development, Labour and Technology has included amendments to the Code of Remote Labour in the list of legislative work.  After more than a year, the regulations on remote work are taking shape and are to be included in the labour code for good.

The provisions on remote work are regulated in the so-called anti-crisis shield 4.0. According to them, 'remote work may be outsourced to an employee if he has the technical and local skills and capabilities to carry out the work and the type of work so allows; the employer will provide the tools and materials necessary for its implementation and logistical services; the employee may use materials and tools not provided by the employer if this ensures respect for and protection of confidential information and other legally protected secrets; the employee (on the instructions of the employer) is obliged to keep records of the activities performed (remotely performed work); employer may at any time withdraw the remote work command’.

The project included the most important regulations for remote operation. The concept of remote work is defined and regulations are included to allow employees to be routed to remote work or to allow employees to request remote work.

The draft law introduces a definition of remote work where by remote work, where by means of direct distance communication. The new rules are intended to allow remote work at the conclusion of an employment contract or already during employment (in the latter case remote work could be carried out at the initiative of the employer or employee).

Under the new rules, the employer in special cases (i.e. during the period of emergency, epidemic or epidemic status and within 3 months after their dismissal, or where this is necessary because of the employer’s obligation to provide the worker with safe and hygienic working conditions, provided that, for reasons beyond the employer’s control, it is not possible for the worker to provide those conditions in the worker’s previous workplace) – to perform remote work by the worker, subject to a prior declaration by the worker of the housing and technical conditions for the performance of work in this form.

The new rules also indicate that rules will be laid down for regulating the obligation to lay down rules for the exercise of remote work in an agreement concluded between the employer and the trade union organisation. In addition, the employee will be entitled to apply for remote work, even if no agreement or regulations have been concluded setting out the rules for the performance of remote work.

The new rules assume that the employer will be obliged to provide the employee with the materials and tools necessary for remote work, to cover costs directly related to remote work.

In addition, the project also included provisions on:

• employee’s control by the employer at the place of performance of the remote work
• the prohibition of discrimination against a worker engaged in remote work;
• guarantee the right of the remote worker to reside on the premises under the conditions adopted for all workers.
• introducing specific rules on health and safety at work
• enabling the employee to forward all applications for which the provisions of the Labour Code provide for written form, in paper or electronic form.

Source: https://www.pit.pl/aktualnosci/zmiany-w-kodeksie-pracy-dotyczace-pracy-zdalnej-projekt-1005510

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.