On January 30 , the president signed a law amending the Labor Code. The new regulations primarily introduce remote work. Until now, employees could work in this mode during the pandemic, on the basis of the Covid Act. Work on the bill lasted almost two years.

The Act replaced the provisions on remote work with the existing regulations on telework. For the first time, the definition of remote work appeared. It is the performance of work entirely or partially in a place indicated by the employee and each time agreed with the employer, including the employee’s address of residence, in particular using means of direct distance communication.

A certain group of privileged employees has been foreseen, for whom the employer will be obliged to comply with the request for remote work. These are m.in: a pregnant employee, a parent of a child with a disability, an employee caring for their loved ones. It will be possible to refuse such an employee only if remote work is not possible due to the type of work or its organization. The reasons for refusal shall be indicated in writing.

The most doubts may be raised by the provisions on remote occasional work. According to the amendment, an employee, at his request, will be entitled to 24 days of remote work in a calendar year. Only an employee may apply for occasional remote work. The legislator justified the need to introduce the institution of remote work occasional by the interest of an employee who, due to special circumstances, cannot work in a permanent place (as examples of circumstances, he mentioned the need to care for a family member or a trip to another town to settle personal matters). It should be remembered that an employee has the right to submit an application for occasional remote work also if he already performs partially remote work on the usual basis. The employer is not obliged to comply with the application. Refusal to grant an application does not require the preparation of a statement of reasons for refusal. Nor do the provisions concerning the privileged group of employees apply to whom the employer would be bound by certain restrictions on making a negative decision regarding occasional work.

The provisions imposing obligations on the employer to provide the employee with materials and work tools necessary to perform remote work, cover the costs associated with remote work and provide the employee with technical assistance and training in the use of remote work tools do not apply to occasional work.

The question of what about the pool of 24 days of remote work in a year in the event of a change of employer remains unresolved: whether 24 days count again when changing jobs, or whether it is a fixed number of days of remote work in a year completely independent of the change of workplace. In the second case, it would be necessary to determine the way in which the employer is to verify the number of days used by the employee with the previous employer. In addition, the question arises, what about part-time workers. Are they entitled to the full pool of 24 days or should it be reduced proportionately to the working time?

The date of entry into force of the provisions on remote work – 2 months from the date of announcement of the Act (probably the beginning of April this year).

Source: Act of 1 December 2022 amending the Labour Code and certain other acts.

Source: https://praca.gazetaprawna.pl/artykuly/8652034,praca-zdalna-okazjonalna-dla-kogo-warunki-kodeks-pracy.html /author: Renata Bugiel, advocate, GKR Legal

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