A bill of new remote work regulations – changes to the Labour Code

On 18 May 2021, a long-awaited bill amending the Labour Code regulations governing remote work was published on the government website. The main purpose of the legislator is to implement regulations governing remote work, which are to supersede the regulations on telework. 

The most important aspects are presented below:

  • Definition of the remote work – the bill defines remote work as work done in total or in part from a place indicated by the employee and agreed with the employer. Remote work can be performed on a continuous or mixed basis (e.g. 2 days per week in the employer’s establishment and 3 days from home).
  • Place of remote work – the place will always be agreed between the employee and the employer. The place of work will be indicated by the employee, while the employer will agree to work being done from such location. The parties may agree upon several places in which remote work can be done.
  • Remote work arrangements can be made upon conclusion of the employment contract or throughout the term of employment.
  • The employer will be obliged to prepare a job risk assessment – before being permitted to do remote work, employees will confirm that they are familiar with the job risk assessment prepared by the employer.
  • Performance of remote work at the employer’s request – the employer can decide to ask the employee to work remotely in extraordinary circumstances, during the state of potential or actual epidemics and for 3 months after such state has been recalled, or whenever necessary to ensure safe and healthy conditions of work. However, it will be necessary to get a statement from the employee that he or she has adequate premises and technical conditions to perform work in this way.
  • Employee’s request concerning remote work will not, in general, be binding for the employer. Exceptions will involve mainly people who bring up children up to the age of 4 and parents of children with disabilities. Employers may reject requests of such employees only if remote work will not be possible due to the adopted work method or the type of work performed.
  • Providing work tools and training the employer will be obliged to provide materials and tools necessary to perform remote work, as well as technical assistance and the required training.
  • Additional costs of the employer – the employer will also have to cover the costs of installation, maintenance, operation and repair of tools required to do remote work, the costs of electricity and the necessary access to telecommunication network (a lump sum can be agreed).
  • An agreement with trade unions – the rules of remote work will be defined in an agreement concluded with the internal trade union or in regulations (if no consensus is reached with the trade union).
  • Use of the employee’s equipment/devices – the employer and the employee may enter into an agreement to lay down the rules for using private materials and tools to do remote work, and the cash equivalent to which the employee will be entitled in this respect.
  • Right to inspect the employee doing remote work – the employer will be entitled to perform an inspection to verify how remote work is done, but the employee’s and other persons’ privacy must not be invaded, and the use of home premises must not be hindered.
  • OSH – the employer will be exempt from the obligation to arrange a work station, to ensure proper condition of the premises, furnishings, or sanitary facilities and the personal protection equipment. Occupational safety and health will be the responsibility of the employee. The proposal is that in case an employee reports an accident during remote work, such notification should be equivalent to consent to a visual inspection of the accident site.
  • Occasional (short-term) remote workin special (incidental) circumstances the employee may, at his/her initiative, ask to do remote work, and in this case such work can be performed for up to 12 days in a calendar year. Some of the regulations governing remote work will not apply in such a situation.

The bill also contains a proposal that the act should take effect 3 months after the day of revocation of the “state of epidemic”, i.e. when employers are no longer entitled to request that employees work remotely under the current COVID-19 legislation.

Link to the bill
Link to the explanatory memorandum

We will keep you informed on further developments regarding the bill. Should you have any questions, please contact us.


Magdalena Patryas Partner, Katowice

E: magdalena.patryas@pl.Andersen.com
T: +48 32 731 68 84
M: +48 502 392 419

Katarzyna Komulainen Partner, Warsaw

E: katarzyna.komulainen@pl.Andersen.com
T: +48 22 690 08 77
M: +48 606 760 836

Maciej Pietrzycki Manager | Legal advisor, Katowice

E: maciej.pietrzycki@pl.Andersen.com
T: +48 32 731 68 50