On 1 December 2022, the Sejm (the lower house of the Polish Parliament) passed new legislation on remote work. Although this is not the end of the legislative process (and although remote work is already commonplace), employers should start preparing for its introduction now.

What key modifications to the Labour Code will result from the new legislation?

• Remote work will completely replace telework
• Employers will only be able to unilaterally order remote work in exceptional situations, as defined by the provisions (e.g. epidemic state)
• Employers will have to introduce internal remote work policies (consulted with employee representatives)
• The location of remote work should be agreed with employers
• A completely new instrument will be introduced – occasional remote work for up to 24 days a year, during which some of the provisions and employer’s obligations will not apply
• Pregnant women and parents of children under 4 years of age will be able to successfully claim remote work can request to be allowed to work remotely and the employer must agree

In addition to the provisions on remote work, the new legislation will also introduce the long-awaited provisions on conducting sobriety tests of employees into the Labour Code.

According to the bill, the provisions on remote work will take effect within two months of the date of the publication in the Official Gazette, while the provisions on sobriety control will take effect two weeks after the publication.

Feel free to contact us if you have any questions.

 

Emilia Kalecka, Associate