Changes to the Labour Code!

The first reading of a bill to amend, among other things, the Labour Code was held in the Sejm on 7.07.2022. The amendments are to include the permanent introduction into the Labour Code of the option of remote working and the creation of a basis for employers to introduce and carry out, when necessary for the protection of certain assets, preventive checks of employees for the presence of alcohol or alcohol-like substances in their bodies.

What specifically would the changes consist of?

~ REMOTE WORK ~

In the case of remote work, the law will specify:

1. the manner and principles of remote work, including the agreement of an employment contract for remote work,
2. the way in which the Employer recommends remote work,
3. employer responsibilities,
4. possible checks on the performance of remote work,
5. prohibition of discrimination,
6. list of work not covered by remote working,
7. the prerequisites for allowing an employee to perform remote work.

Referring briefly to the above points in turn, it should be emphasised that:

1. The Act will provide for full or partial remote work. Where and how exactly this will be done depends on the arrangements made between the employer and the employee. These arrangements will either be made at the conclusion of the contract or during employment.

1. The employer will furthermore be able to instruct the employee to carry out remote work during a state of emergency or epidemic threat/emergency,and where the employer is incapable of ensuring safe and hygienic working conditions due to Force Majeure. For a certain group of employees, the employer will be required to grant the employee’s request to perform remote work, unless not feasible due to the organisation of work or the type of work performed by the employee.

1. The employer’s responsibilities will include, but are not limited to:

1. a) the provision of working materials and tools to the employee performing the remote work;
2. b) the provision of fitting, servicing, maintenance of the work tools necessary for the remote work, and covering the costs of electricity and telecommunications services necessary for the remote work;
3. c) payment of other costs directly related to the performance of the remote work, if the reimbursement of such costs has been specified in the agreement, regulations or order;
4. d) the provision of training and technical assistance necessary to carry out this work.

1. The employer will have the right to inspect the employee’s remote working. When the employer finds deficiencies as a result of the inspection, the employer may either commit the employee to remedy the deficiencies found within a specified period of time or revoke the employee’s permission to perform remote work.

1. An employee will not be able to be discriminated against in any way for performing remote work, nor for refusing to perform such work.

1. The law will introduce a catalogue of jobs that remote working will not cover. These will include:

1. a) particularly hazardous work;
2. b) work which results in exceeding the permissible standards for physical agents laid down for living quarters;
3. c) work with hazardous chemical agents as referred to in the regulations on health and safety at work related to the presence of chemical agents in the workplace;
4. d) work involving the use or release of noxious biological agents, radioactive substances and other substances or mixtures giving off offensive odours;
5. e) work involving intensive soiling.

1. First and foremost, the employee’s admission to remote working will be subject to a paper or electronic declaration from the employee confirming that safe and hygienic conditions for such work are provided at the remote working position at a location designated by the employee and agreed with the employer.

It will be interesting to see if, following the above changes, remote working will be a more common option for employers or employees than stationary working.

Aleksandra Żukowska, trainee Advocate

Katarzyna Hiller, Attorney at Law