Workplace dynamic has always spearheaded legislative change. Change is the only certainty in employment law. Since the global pandemic broke out, we have been witnessing tremendous economic and social changes, which may now make their way to the Polish Labour Code.
Unlike currently (under special anti-COVID-19 law), the employer will, in general, be unable to instruct the employees to work remotely. This will be possible only exceptionally:
During a state of emergency, state of epidemic threat or state of epidemic, and for a period of three months after its cancellation
When it is temporarily impossible for the employer to ensure safe and hygienic working conditions at the current workplace due to force majeure
All other cases, namely full-time remote work and hybrid work, as well as occasional remote work, will require (depending on a situation) the employee’s request, the employer’s approval, the parties’ agreement, the employer’s initiative and/or the employee’s consent.
Neither trade unions nor other employee representatives will have the power to effectively force the employer to introduce remote work. However, the employer may need to collaborate with them to launch full-time remote work and hybrid work shemes.
For certain categories of employees, employers will, in general, be obliged to agree to remote work, unless it is impossible because of the type...
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