The amendment of the Labour Code introduces a permanent concept of remote work. Draft law amending the Act – Labour Code and some other laws adopted by the government 24 May 2022, However, according to entrepreneurs, it needs clarification.
Under the new rules, remote work is one where the worker works completely or partially at the place he or she has designated and agreed with the employer. The concept of hybrid work has also appeared in the project, so it is an attempt to adapt the law of new market realities. Unfortunately, there are a lot of gaps in it, to which entrepreneurs in the group pay Polish Confederation Lewiatan.
The primary problem is that the employer is too much responsible for the amendment. In the case of remote work, the employer will be obliged to provide the worker with working materials and tools, as well as to cover the costs of electricity and necessary telecommunications services. The employee is to be able to use private work tools (e.g. a computer) when both parties so agree. In such circumstances, the employee will be entitled to a cash equivalent of the amount determined with the employer.
The cost of remote work and the health and safety case is two themes most debated and requiring more attention from them. In this context, Leviathan points out the following:
accounting for the cost of working for a remote worker. Will it be necessary to settle costs in the form of lump sums for individual employees? Will the lump sum have to be set in proportion to the distance work dimension of the month?
„every time” agreeing on a remote work site. Can the Parties agree two, three jobs, but the choice of place will always belong to the employee? Is the purpose of the legislature that every time an employer has to agree to a remote job at a specific location?
responsibility for remote work. Is it the employer who is responsible for organising the workplace? Do you need to, or do you need to, or do you need to carry out remote control?
It is also de facto mandatory to accept remote work in some cases.
In principle, the employer will be obliged to take into account a remote job application, which is submitted by, inter alia, a child's parent with a disability decision or a judgment of moderate or significant disability; a pregnant worker; an employee raising a child to 4.
one year of age; a member of the care of another member of the immediate family or another person remaining in a common household with a disability or a significant degree of disability.
The government’s communication states: “An employer will be able to refuse remote work only if it is not possible to do it because of the type of work or the organisation of work. The reason for the refusal will have to be informed by the employer".
These provisions giving such great freedom to a remote worker, and imposing additional obligations on employers, may limit the trend of remote work, which, in the event of further emergencies, may be the basis for litigation. Potentially employers will also be less keen to employ those identified as those for whom remote work should be more accessible.