Poland: The introduction of remote work is getting closer
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Counsel
Poland
I work as a Counsel in our Employment team in Warsaw. I am an expert in individual and collective law with a particular interest in trade union relations and employee benefit schemes.
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As of today (16 May), the epidemic state in Poland has been replaced by a state of epidemic emergency. Legislative works are progressing to introduce remote work permanently into the Polish Labour Code. This is the last call for employers to adapt your work organization for the post-COVID era.
The end of the epidemic state does not affect the current right of employers to unilaterally request remote work based on the temporary COVID regulations that also apply during the state of epidemic emergency and for three months afterwards.
However, the time is rapidly approaching when these regulations will be replaced by new remote work provisions in the Polish Labour Code. On 2 May 2022, another (4th) draft bill in this regard (the "Draft") was released.
The Draft does not introduce any key changes compared to its previous version. Hovewer, if enacted promptly, remote work regulated by the Polish Labour Code is expected to come into force three months after the epidemic state is lifted in Poland, i.e. even as of 16 August 2022.
In practice, these changes mean that employers must:
- review their current model of teleworking and other hybrid forms (e.g. occasional remote working), and
- adapt internal documents and individual agreements with employees to the conditions of performing remote work specified in the Draft.
The Draft’s key amendments are:
- Two remote work models:
- full-scope remote work to which the requirements apply, and
- homeoffice right, i.e. occasional remote work (maximum of 24 days per year), only at the employee’s request. The full scope requirements do not apply, except for some OHS obligations.
- Implementation of remote work in the workplace requires:
- an agreement with the trade unions,
- issuing the regulations, when it is not possible to reach such agreement,
- an individual agreement with the employee, oran order from the employer in exceptional situations.
- The costs of remote work to be borne by the employer have been further clarified by directly indicating the costs of electricity, internet access, other costs directly related to the performance of remote work. Payment of costs may be made in the form of a suitably calculated lump sum that is released from tax and social security dues. The Draft addresses current interpretation doubts to this end.
- OHR – new obligations and rights, including the employee’s responsibility for the proper organization of the remote workstation.
- Electronic form has been popularised as a form of communication between the parties and fulfilment of formal obligations from the HR side.
Some solutions provided under the Draft may be subject to change at a later stage. Our Bird & Bird Employment lawyers are monitoring the work of the Government in this area and welcome you to contact us in all Employment / HR matters.
