Among the many irreversible changes that the COVID-19 pandemic has brought to the labour market, one of the most important has been the increased flexibility as to where employees carry out their duties. The existing regulations concerning teleworking, which have been in force in Poland since 2007, are no longer in line with the dynamically changing needs of companies and employees. The COVID regulations dealing with home office (which was actually a single provision introduced by the Act of 2 March 2020) was, from the beginning, treated as a makeshift solution which has featured in the Polish legal order for an unexpectedly long time. After more than two years, we are now witnessing the legislative process on remote work being finalized. The upcoming amendment to the Labour Code requires employers to take specific action, first and foremost to establish the rules for remote working within its internal regulations with the involvement of staff representatives.
In order to prepare a company in time for the changes, employers should have already started drafting the principles of working remotely in accordance with the requirements set out in the proposed legislation. Below is a summary of the new regulations.
What is remote working?
The amendment introduces a definition for remote work, according to which it is work performed entirely or partially at a place indicated by the employee and agreed with the employer on a case-by-case basis, including the employee's home...
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