It was regulated in the Labour Code in 2022 (Chapter IIc – Articles 6718 – 6734 of the Labour Code of June 26, 1974, i.e. Journal of Laws of 2023, item 1465; of 2024, item 878).
It consists of performing work completely or partially at a place designated by the employee (e.g., at their place of residence) and agreed with the employer each time. It is possible to agree on work in a hybrid mode – partly remote, partly in-office. Arrangements can take place both at the conclusion of the contract and during the course of the employment relationship.
Situations in which the employer – without agreeing with the employee – can instruct them to work remotely (if the employee declares that they have the premises and technical conditions for remote work):
- The period of a state of emergency, a state of epidemic or a state of epidemic emergency, and for a period of 3 months after their cancellation,
- The period during which, due to force majeure (e.g., fire, hurricane), it will be temporarily impossible for the employer to provide safe and hygienic working conditions at the employee’s current workplace.
The rules for remote work are, as a standard, set out in an agreement between the employer and the company’s trade union organisation, or in regulations for remote work. If the employer does not have an agreement or regulations in place, remote work can be performed at the request of the employee.
Right to remote work
The regulations provide for categories of employees who can work remotely if they apply (as a rule, the employer must grant their request for remote work (unless it is impossible due to the nature or organisation of the work, in which case the refusal must be justified). These are:
- Pregnant employees,
- Employees raising a child up to the age of 4,
- Employees caring for another member of the immediate family or another person in the common household with a disability certificate or a certificate of significant disability,
- Employees who are parents of a child with a certificate of severe and irreversible disability or incurable life-threatening disease, which arose during the prenatal period of the child’s development or during childbirth,
- Employees who are parents of a child with a certificate of disability or a certificate of moderate or severe disability as defined in the regulations on vocational and social rehabilitation and employment persons with disabilities,
- Employees who are parents of a child with, respectively, an opinion on the need for early childhood development support, an evaluation on the need for special education or an evaluation on the need for remedial classes, as specified in the provisions of the Act of December 14, 2016. on Education.
Employer’s obligations when working remotely
The employer is obliged to:
- Provide the employee working remotely with tools and materials for work, if the employee uses their own tools and materials (e.g., computer) in agreement with the employer.
- Provide the installation, service, and maintenance of work tools, including technical devices necessary for remote work or cover the necessary costs associated with the installation, service, operation and maintenance of work tools,
- including technical equipment necessary for remote work, as well as the cost of electricity and necessary telecommunications services,
- To cover other costs directly related to the performance of remote work, if such obligation is stipulated in an agreement (concluded with trade unions) or regulations (or, in the absence of an agreement or regulations, in an order issued or an agreement concluded with the employee),
- To provide the remote employee with the necessary training and technical assistance to perform this work,
- To allow the remote employee to be on the premises of the workplace, to communicate with other employees and to use the employer’s premises and facilities, the company’s social facilities and social activities (under the rules adopted for the general workforce).
Legal basis:
Article 6719 of the Labor Code of June 26, 1974 (Journal of Laws 2023, item 1465, 2024, item 878, 1222).
Information current as of: .
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