Remote work in the Labor Code

On May 24th, 2022, the Polish government adopted a draft amendment to the Labor Code, which will permanently introduce remote work into the Polish legal system. The introduction of remote work was one of the actions taken during the coronavirus pandemic. Remote work is currently in force on the basis of the covid act and the employer decides about the transition to this form of work. The solutions related to remote work are to replace the current provisions on phonework and the provisions of the covid act in this regard.

Here are the most important rules that will apply to remote work:

• The employer will not be able to force the employee to work remotely. The exception would be a state of emergency, an epidemic or the lack of an option to ensure health and safety in the plant.
• Pursuant to the new regulations, the employer, as a rule, will not be able to refuse to work remotely, inter alia, parents who raise a child up to the age of 4, parents and guardians who look after a person with a disability in their family and pregnant women.
• The employer will be able to refuse to work remotely only due to the organization or type of work, informing the employee about it in advance.
• The employer will be obliged to cover the costs of remote work by the employee.