On 1 December 2022, the Sejm has passed a law amending the Labour Code and certain other laws, which sets out detailed regulations for remote working and also expands the possibility for employers to carry out sobriety checks on employees.
The provisions on remote working will enter into force two months after the date of publication of the Act in the Journal of Laws. Employers, on the other hand, will have less time to implement the provisions on sobriety checks, as they will come into force 14 days after the date of publication of the Act in the Journal of Laws.
Remote working
Under the enacted law, the existing provisions of the Labour Code on telework are repealed. Instead, the legislator has provided for the possibility to perform remote work in 3 forms: by agreement between the employer and the employee; by order of the employer; and on an occasional basis.
Remote working by agreement between employer and employee
The agreement between the parties to the employment contract concerning the performance of the remote work may be made at the time of the conclusion of the employment contract or during the period of employment. In the latter case, the agreement may be made at the initiative of the employer or at the request of the employee made on paper or electronically.
In the course of remote work agreed upon during the period of employment, either party to the employment contract may make a binding request, made on paper or electronically, to discontinue the remote...
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