1 December 2022 The Sejm adopted an amendment to the Labour Code, which introduces permanent remote work and introduces provisions to control the sobriety of workers. In a time of pandemic and rapidly changing conditions one thousand employees were sent to remote work by their employers. Since then, remote and hybrid work has become a common model of work, hence adapting the Labour Code to new realities.
Work on the amendment of the rules that allow the use of remote working modes permanently, and not only during the pandemic (covid) is already underway from above two years. The rules for the use of remote labour by employers are to be amended by the Labour Code. The parliament has finished work on the project, now the amendment will be handled by the Senate.
Covid law and new provisions of the Labour Code
After three years after the introduction of regulations on remote work, the so-called Covid Act, i.e. the Act of 2 March 2022 .specific prevention, prevention and eradication solutions COVID-19, other infectious diseases and the resulting crisis situations, regulations to regulate home office principles will appear in the Labour Code.
Employers, given the state of emergency epidemic, will still be able to issue binding orders for workers to work remotely, but already from another legal basis - Article 67(19)(3)(1) Work code.
The employer will cover the costs of remote work
Further elements that have been regulated by the new rules include, inter alia, providing the worker with remote work materials and working tools, including the technical equipment necessary to perform remote work, covering the costs of installation, service, operation and maintenance of working tools, including technical equipment, necessary for remote work, covering the costs of electricity and the necessary telecommunications services, covering other costs directly related to the performance of remote work, if such an obligation is set out in an agreement concluded with trade unions or regulations issued or in an order or agreement with an employee.
Control of worker sobriety on remote work
After14 Whereas the provisions on preventive sobriety control are to enter into force days after the adoption of amendments to the Labour Code.
According to the proposed project, the employer will be able to carry out checks only if necessary to ensure the protection of the life and health of workers, other persons or the protection of property.
Employers who decide to introduce sobriety testing will be required to specify in their company files the groups or groups of employees subject to control and the way it is carried out, as well as to maintain adequate rules on the processing of workers' personal data in connection with the control.
Author: Bartosz Nawrot, legal consultant, associated with Russell Bedford Poland law firm from 2018.