Remote work: rework

As announced, the Ministry of Economic Development, Labour and Technology has published a draft amendment to the Labour Code, which provides for the introduction of remote work as a systemic solution. At the same time, the provisions regulating telework are to be repealed. These changes are also to affect the regulations on telework that are already in force at the employers due to the requirement to adapt it to the new solutions in the specified transitional period, as well as the so-called informal "home office". It is currently under debate whether to extend the new regulations to cover so-called mobile workers. The framework of the remote work concept is based on the existing solutions appropriate for telework, and as such it will be possible to adapt the solutions already adopted in this respect by employers. Nevertheless, it will also be necessary to specify a number of practical aspects of remote work, especially the hybrid form, in internal company regulations and guidelines for managers.

The new law would enter into force three months after the date of the lifting of the state of epidemic or epidemic threat announced in connection with the SARS-CoV-2 virus infections in the territory of the Republic of Poland.

Currently, the draft has been submitted for interministerial and public consultations. This means that it is at an early stage of legislative work. Despite the fact that its assumptions may still be subject to changes, in particular many issues are still debatable, imprecise or raise doubts in interpretation, we believe that it is worth introducing them to you now because of their importance for all employers. Moreover, despite the evolution of certain items (health and safety issues, handling of remote work costs, form of documentation applicable to remote worker), the key assumptions as to the concept of remote work seem to remain unchanged. We expect work on the project to take a few more months.