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Employer’s duties related to remote work

Remote work has grown in popularity over the past few years - it is often treated as a condition of employment. When granting the opportunity to perform remote work, the employer must remember to meet several important statutory requirements.
Marta Michalik
Payroll Project Manager

Under Labour Code Art. 6720 §6, the rules for remote work set forth in the agreement or policy should address the following issues:

  • The group or groups of employees who may be subject to remote work
  • Rules for coverage by the employer of the costs of performing remote work
  • Rules for establishing the cash equivalent or lump sum for use of the employee’s own equipment
  • Rules for reaching agreement between the employer and the employee performing remote work, including the manner of confirming the employee’s presence at his or her workstation
  • Rules for occupational health and safety inspections—the equipment entrusted to the employee needed for performing remote work must comply with health and safety requirements
  • Rules for installation, inventory, maintenance, software updates, and servicing of working tools entrusted to the employee, including technical devices
  • Rules for monitoring performance of work by remote workers
  • Procedures for protection of personal data.

Additional duties of the employer related to remote work

Under Labour Code Art. 6724, the employer must:

  • Provide the employee working materials and tools, including technical devices, needed to perform remote work
  • Cover the costs of installation, servicing, operation and maintenance of working tools, including technical devices, needed to perform remote work, costs of electricity, and costs of necessary access to telecommunications connections
  • Cover other costs directly connected with performance of remote work, if reimbursement of such costs was specified in the agreement with the trade union, the workplace policy, the instruction to the employee, or the agreement with the employee
  • Provide the employee the training and technical assistance needed to perform remote work.

In the case of remote work, the following will also be required on the part of the employer:

  • Specification of the procedure for protecting personal data provided to an employee performing remote work, and any needed instruction and training in this respect. In turn, the employee will have to confirm (on paper or electronically) that he or she has reviewed these procedures and will comply with them. The new regulations do not specify what should be included in this procedure, but it is obvious that it should provide for security measures for personal data processed in connection with performance of remote work. The procedure must be communicated and enforced.
  • Providing information necessary to reach agreement via telecommunications or other manner agreed with the employer.
  • Equal treatment (non-discrimination) of employees performing remote work, with respect to formation and dissolution of the employment relationship, the terms of employment, advancement, and access to training to raise the employee’s professional qualifications, compared to other employees performing the same or similar work, taking into account the differences relevant to the conditions for performing remote work.
  • Enabling employees performing remote work, under the rules adopted for employees in general, for being present at the employer’s workplace site, contacting other employees, and use of the employer’s premises and equipment, workplace social facilities, and social activities.

Content and manner of notice of employment conditions in the case of remote work

If remote work is performed on the basis of agreement upon conclusion of the employment contract, the written notice of employment conditions referred to in Labour Code Art. 29 §3 should also specify the organizational unit to which the employee’s workstation is assigned and indicate the persons responsible for cooperation with the employee and authorized to conduct an inspection at the site where remote work is performed.

If remote work is performed on the basis of agreement concluded during the course of employment or based on the employer’s instruction, the employer will have to provide the aforementioned notice to the employee, in paper or electronic form, no later than the date when the employee begins performing remote work.

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