A notable development in Polish employment law recently was passed. The legislation includes substance testing requirements and regulations on remote work.
This new legislation will have a powerful impact on Polish companies. Employers located in Poland should examine their policies and procedures to ensure they comply with these new regulations. Polish employers will be required to add special clauses reflecting the substance testing and remote work stipulations to their internal Work Regulations.
On January 1, 2023, the law on substance testing is expected to come into force.
The law on substance testing will allow employers to test employees for the use of alcohol and other substances. Currently, only the police have the right to test individuals for alcohol and other substances in Poland. Substance testing appears especially important for companies with production facilities and transportation services. The new legislation permits employers to conduct informal sobriety checks. The employer may introduce such sobriety checks if these checks are deemed necessary to ensure the safety of employees or other persons. The checks also may be implemented for the protection of property. The sobriety checks will not require laboratory methods or devices with valid calibration documentation and will be done to determine whether alcohol or drugs are present in the employee’s body. However, the method of checking an employee’s sobriety must not...
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