Remote work – new regulations edging closer to entering into force

Amendments to the Labour Code are gradually becoming a reality. After more than two years of legislative work, new regulations introducing remote work permanently into the Labour Code have been passed by the Polish Parliament (the Lower House) and will most likely take effect as early as Q1 2023.

Employers need to start intensive preparations for implementing the changes involving:

 

  • replacing teleworking with new remote work solutions,
  • revocation of Article 3 of the Covid Special Laws allowing employers to unilaterally order remote working without specific formalities and costs.

This means:

  • the necessity to adjust any form of remote working arrangements to the new remote working regulations, which includes the requirements for employers of:
    • introducing new/more extensive internal regulations with the participation of the social partners,
    • covering the costs of remote working,
    • undertaking additional OHS obligations with the involvement of OHS specialists.

or

  • limiting remote work only to 24 days per year (the Parliament rejected a proposal to extend this limit) with occasional remote work arrangement -> exempt from the above requirements,

or

  • requesting employees to return to perform stationary work (under regular office conditions).

Time is running out for Employers to implement the changes, as the legislative process can still be completed by the end of the year.

In this case, at employers where remote working is provided under:

  • the Covid Special Laws –> new remote working provisions will take effect in March 2023.
  • telework -> the new remote working provisions will also take effect in March 2023, but telework will be allowed to continue until September 2023 at the latest.

Bird & Bird's Employment team is closely monitoring the legislative work and will keep you informed of further updates in those regards.

We encourage you to contact us on all aspects of the new regulations. Our knowledge, experience and legal and tax expertise will help you optimise the implementation of the changes in your organisations.

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