The definition of remote work in the Labour Code
Remote work is a model of performing work that has grown in popularity, particularly in the context of the changes introduced to the Labour Code in 2023. The new provisions of the Labour Code, in force since 7 April 2023, precisely define remote work as performing work outside the permanent workplace, in particular at the employee's place of residence, using means of electronic communication (article Remote work in the Labour Code 2024, available at zielonalinia.gov.pl). These provisions cover both permanent and occasional performance of work outside the employer's premises, which allows the organisation of work to be flexibly adapted to the needs of both the employee and the employer.
Differences between permanent and occasional remote work
Under the provisions of the Labour Code, remote work can take a permanent or an occasional form. Permanent remote work means regularly performing professional duties for the full or part of one's working time, in accordance with the arrangements set out in the employment contract or in the employer's instruction. In such a case, work can be performed remotely for the entire period of employment or for a set time, for example under an agreement concluded between the parties to the employment relationship.
Occasional remote work, a novelty in the Polish Labour Code, allows an employee to perform remote work for 24 days in a calendar year (article Remote work – regulations, application. Everything you need to know, available at edenred.pl). This model does not require a formal agreement between the employer and the employee, and its purpose is to flexibly adapt working conditions to the employee's individual needs, for example because of unforeseen circumstances or the need to deal with personal matters. Occasional remote work can be initiated either by the employee, by submitting an application, or by the employer, by issuing an instruction for remote work.
When can work be performed remotely?
The Labour Code specifies that remote work can be performed in situations where the nature of the work, its type and the organisation of work allow it. Remote work is therefore possible when the employee has suitable technical conditions for performing it, including access to work tools and the necessary materials. The provisions of the Labour Code require the employer to ensure safe and hygienic working conditions both in the employee's previous workplace and in the place where remote work will be performed, in accordance with occupational health and safety regulations.
The employer may also instruct the employee to perform remote work in special situations, such as an epidemiological threat or other circumstances that prevent the employee from performing work at their previous workplace (article Remote work, available at gov.pl). In such cases, the employee is required to comply with the remote-work rules and follow the employer's instructions. However, if after 30 days from receiving the application the employee does not agree to continue performing remote work, the employer should consider restoring the previous working conditions, taking into account the organisation of work and the working conditions at the employee's previous workplace.
The provisions of the Labour Code clearly state that remote work must not infringe the employee's established working hours or change the rights arising from their employment relationship. In the case of remote work, the employer is required to cover the costs associated with performing it, such as the consumption of materials and work tools, which is also regulated by law. Remote work ends and the previous working conditions are restored on the day falling after 7 working days from the day the employee receives the instruction, unless the continued performance of remote work is possible under separate arrangements.
Legal regulations concerning remote work
The changes to the Labour Code, which came into force on 7 April 2023, introduced significant modifications concerning remote work. In response to dynamically changing working conditions and the growing demand for employment flexibility, the Polish legislator precisely regulated the rules of remote work, specifying the circumstances and conditions under which it may be performed. The new provisions of the Labour Code and certain other acts clearly define the obligations of both the employer and the employee in connection with the organisation and performance of remote work.
The workstation and the type of work performed by the employee
Under the new regulations, the workstation used for remote work must meet certain standards, regardless of where it is physically located. The organisation of the workstation is crucial, both for ensuring safe and hygienic working conditions and for the efficiency of task performance. The type of work performed by the employee remotely must be consistent with the arrangements arising from the employment contract or the employer's instruction, which means the work performed should correspond to the employee's qualifications and scope of duties.
The changes to the Labour Code place great emphasis on remote work being performed in a way that does not lower the quality of the professional duties carried out. The employee should have appropriate conditions for performing their tasks, which includes both access to work tools and technical support from the employer. The new regulations also introduce an obligation to regularly maintain the work tools directly related to performing remote work.
Rules for organising remote work
The provisions of the Labour Code regulate the rules for organising remote work in detail. The employer is required to provide the employee with the tools necessary to perform remote work, as well as to cover the costs of remote work, such as energy consumption, office supplies, or other expenses directly related to performing the work. In addition, the organisation of work should be adapted so as to ensure the highest possible efficiency and comfort of work.
Regardless of the place where the work is performed, the provisions of the Labour Code require the work to be carried out in accordance with the established schedule and occupational health and safety rules. The employer is required to monitor the conditions of remote work and to regularly assess whether they comply with the applicable standards.
Discontinuing remote work
The Labour Code provides that remote work ceases and the previous working conditions are restored on the day falling after 30 days from receiving the employee's application or the employer's instruction. This means the employee can submit an application to return to on-site work, and the employer is required to consider it, unless the continued performance of remote work is justified by the organisation of work or the specific nature of the position.
Discontinuing remote work can also be initiated by the employer, particularly in situations where the organisation of work changes or the type of work performed by the employee requires their presence at the workplace. In such cases, the previous working conditions should be restored with sufficient advance notice, so that the employee has time to adapt to the new circumstances.
New remote-work regulations and their impact on the employment relationship
The amendment to the Labour Code introduced new provisions on remote work that have a significant impact on the employment relationship. These changes are intended to make it easier for employers and employees to adapt to the new realities of the labour market, where flexibility and the possibility of remote work are becoming increasingly desirable. However, the rules of remote work should be clearly defined, both in the employment contract and in internal regulations, to avoid misunderstandings and disputes.
An employee performing remote work is entitled to all the benefits arising from the Labour Code, regardless of where their workstation is located. The employer's obligations related to the performance of remote work include not only the organisation of work, but also ensuring safe working conditions, which is particularly important in the context of the employee performing remote work.
Rights and obligations of the employee and the employer
Introducing remote work into the Labour Code significantly changed the relationship between employees and employers, introducing new obligations and rights on both sides of the employment relationship. Understanding these changes is crucial for both employees and employers, so they can manage work lawfully and effectively in the new professional reality.
Employee's rights and obligations
An employee performing remote work, regardless of their working-time dimension, is entitled to the same employment conditions as in the case of a traditional form of work. This means the labour law provisions governing remuneration, working hours, rest and leave also apply in the case of remote work.
Employer's rights and obligations
When introducing remote work, the employer is required to provide the employee with appropriate technical and organisational conditions. This includes supplying the necessary work tools and covering the costs associated with performing remote work. The employer must also ensure that the workstation, regardless of its location, meets occupational health and safety requirements.
In connection with the performance of remote work, the employer has the right to monitor the employee, but must do so in a way that does not infringe the employee's privacy or their home environment. This monitoring may include checking work efficiency and verifying that working conditions comply with the law. The employer also has the right to discontinue the employee's remote work and restore the previous working conditions if they consider it necessary because of the organisation of work or the specific nature of the position.
Consent to remote work and its termination
Introducing remote work during the course of employment requires the consent of both parties to the employment relationship, which should be clearly specified when the employment contract is concluded or in the form of an annex to the contract. If the employee does not consent to performing remote work, the employer cannot unilaterally impose this form of work, unless the provisions of the Labour Code provide for such a possibility in extraordinary situations.
As for ending remote work, the provisions clearly state that the previous working conditions are restored on the day set by the employer, but not earlier than after 30 days from the day the employee submits their application. This means the employer must give the employee time to prepare for returning to work at the workplace.
Summary
Remote work, regulated in the amendment to the Labour Code of 7 April 2023, is a modern approach to organising work. It is defined as performing duties outside the permanent workplace, most often at home, using electronic communication. The Labour Code distinguishes between permanent and occasional remote work, each with specific requirements regarding the workstation and the organisation of work.
The employee has the right to consent to performing remote work when concluding the contract, as well as to apply for its discontinuation, which should take place no later than the day following the expiry of 30 days from the day the employer receives the application. The employer is required to provide appropriate conditions for remote work, including the necessary tools and a safe and hygienic place for performing remote work.
However, not all positions are suitable for remote work. For positions requiring presence at the workplace or direct contact with customers, the employer may decide to refuse to allow that work to be performed remotely. The rules of remote work should be clearly defined in order to avoid misunderstandings and ensure the smooth functioning of the organisation of work.
