Why don't employers want remote work?
Don't be fooled – although officially the talk is of technical or organisational issues, there is often more to it. Control, a lack of trust, or perhaps a fear of losing direct influence over the employee? Let's look at the real reasons why many employers in Poland still resist remote work:
- Control over employees: Many bosses believe that the only way to maintain productivity is the employee's physical presence in the office. Despite research showing increased efficiency thanks to flexibility, the need to monitor an employee's every move often wins out.
- Technical and cost considerations: Maintaining the infrastructure needed for remote work can generate costs. Not every employer wants to invest in the right tools and software, even though it may turn out to be cheaper than maintaining physical office space.
- Organisational challenges: In some companies, remote work could introduce organisational chaos. A lack of appropriate procedures and policies can lead to communication problems and difficulties in managing the team.
Employers often make use of the provisions of the Labour Code that allow them to legally refuse remote work, which stirs controversy and frustration among employees.
In which cases can an employer refuse remote work?
The provisions of the Polish Labour Code, which came into force on 7 April 2023, were supposed to revolutionise the labour market in Poland, but in practice it often turns out that the possibility of remote work is merely an illusion. The employer has the right to say "no" to your remote work application, even if everything seems to speak in favour of such an arrangement.
The organisation of work as a pretext for refusal
In the 21st century, many companies still cannot adapt to modern forms of work. Employers can refuse remote work, citing the organisation of work or the type of work performed. Although this is a legitimate reason, it often hides the belief that an employee's productivity depends on their presence in the office. Yet remote employees can be just as effective – and sometimes even more so!
The type of work? Another excuse?
Some employers claim that the type of work does not allow it to be performed remotely, for example in the case of employees dealing with the processing of sensitive financial data, such as compliance specialists, internal auditors or staff operating complex financial systems. In such cases, employers argue that working in the office is necessary to ensure full data security and regulatory compliance. But what about other office workers in the financial sector, such as financial analysts, accountants or reporting specialists? They can often perform their tasks remotely without major problems, using the right tools and safeguards. Even so, many bosses prefer to keep the team "under their eye", even when there are no substantial technical or legal reasons for it. Not every refusal of remote work is justified, however, and it is worth making sure whether it really stems from the nature of the work, or rather from the employer's convenience.
Can an employer refuse occasional remote work?
Occasional remote work is a solution introduced by the new provisions of the Polish Labour Code, which allows employees to work remotely for a maximum of 24 days per year. This form of work does not require concluding additional agreements or completing complicated formalities, which makes it more flexible compared to permanent remote work.
When can the employer refuse?
Under the provisions on occasional remote work, the employer has limited options for refusal. The employer is obliged to grant the employee's application, unless special circumstances arise that make it impossible to carry out the tasks remotely. A refusal may occur when:
- the employee does not have the appropriate technical conditions for remote work, for example when, to perform their work, they need access to equipment that is available only at the workplace,
- the specific nature of the duties requires physical presence in the office.
In the event of a refusal, the employer should inform the employee of the reasons for that decision. The regulations, however, limit the employer's options in this respect, which means that a refusal is not possible without a justified reason.
Although occasional remote work is regulated in the Polish Labour Code, the employer is not always obliged to accept it if the conditions for it are not in place. However, if the employee can perform their duties at home and the technical conditions make it possible, the employer cannot refuse remote work without a valid reason. Under the regulations, the employer does not have to create additional procedures or organise work in this form on a continuous basis, but occasional applications for remote work should be granted if there are no obstacles of a technical or organisational nature.
Can an employer refuse remote work to a parent?
The employer has limited options for refusing remote work when special provisions concerning parents and carers of people with disabilities come into play. In which situations is a refusal not possible?
- A parent of a child under 4 years of age
A parent has the right to apply for remote work if their child has not yet turned 4. The employer cannot refuse this form of work, provided its nature allows the duties to be performed outside the office. - Caring for a person with a disability
An employee caring for a person holding a disability certificate or a certificate of moderate or severe disability also has the right to remote work. - Caring for a child with a certificate
Parents of children with a certificate of the need for early developmental support or a special education certificate can also request remote work, and the employer cannot refuse if the work can be performed outside the regular workplace. - Other family members
It is not only parents who have this right. If an employee cares for another member of their immediate family or another person sharing their household who holds a certificate of moderate or severe disability, they can also request remote work.
Even so, the employer has the right to refuse when the nature of the work does not allow it to be performed remotely. The type of work performed, for example one requiring physical presence in the office or the use of specialist equipment, can be grounds for refusing remote work. This is the only circumstance that allows the employer to object.
How to submit an application for remote work and occasional remote work?
Applying for remote work and occasional remote work has been clearly defined in the provisions contained in the Labour Code and certain other acts. These provisions specify how an employee can submit an application to work remotely and what conditions must be met by both parties. Depending on whether it concerns a permanent form of remote work or occasional remote work, the procedure may differ slightly.
To apply for permanent remote work, the employee must submit a formal application to the employer. The Labour Code provides that the employer may refuse if there are justified reasons for doing so, such as the employee lacking the appropriate conditions for performing remote work, e.g. the technical tools for performing remote work are available only in the office.
Occasional remote work is a flexible form of work that allows an employee to make use of remote work for a maximum of 24 days per year. In this case, the application can be submitted in a less formal way, and the employer is obliged to consider it within 7 days.
The possibility of refusal
The provisions on remote work, both permanent and occasional, are clearly defined in the Labour Code. The Labour Code specifies the employees who can apply for this form of work, but it also gives the employer the option of refusing. The employer may reject a remote work application if the work requires direct access to equipment located only in the office, or if the specific nature of the work rules out the possibility of performing it remotely.
In the event of a refusal, the employer is not obliged to organise remote work. For example, if the nature of the work requires presence at the workplace, due to the need to use tools located at the workplace, the employer may also refuse.
If performing work fully or partly remotely is not possible for technical or operational reasons, the employer must always precede a refusal to grant a remote work application with an explanation of why the application cannot be accepted.
Currently, the remote work regulations provide for various bases for performing this form of work. In the case of applications concerning remote work performed under the relevant articles of the Labour Code, the employee should receive a response within the appropriate time limit. The Labour Code and certain other acts also introduce provisions that specify what rights the employee has with regard to remote work and in which cases the employer will not be able to refuse this form of work.
Summary
The employer has the right to refuse remote work on account of the organisation of work or the type of work performed by the employee. It is worth remembering, however, that in some cases a refusal is not possible. For example, the employer cannot refuse remote work to a parent of a child holding a disability certificate, or of a child with a certificate of the need for early developmental support. The same applies in the case of the support of pregnant women and families – the employer is obliged to grant the remote work application.
In Poland there are various bases for performing remote work. Every employee has the right to submit a remote work application, and the employer has a limited ability to refuse. It is important that, in the event of a refusal, the employer clearly states the reason for refusing to grant the application. There is increasing talk of a new form of remote work, but there is also the option of occasional work, which is characterised by simpler procedures and fewer formalities.
