Replacing telework with a more flexible form – remote work – in the Labour Code is the most important assumption of the draft act adopted by the Council of Ministers. Soon, the draft will be submitted for parliamentary work.

We observe changing trends on the labour market and by introducing remote work into the Labour Code, we respond to these trends. But not only. This solution should also improve the possibilities of employing,  inter alia, parents of small children, will allow them to better reconcile their daily duties with professional work – says the Minister of Family and Social Policy, Marlena Maląg.

In addition, the draft assumes that employers will be able to introduce a sobriety check for employees – or a check for the presence of substances having a similar effect to that of alcohol, when it is necessary to ensure the protection of the life and health of employees, other persons or the protection of property.

Remote work. The most important changes

The draft act introduces a definition of remote work as work, which is performed completely or partially in a place indicated by an employee and agreed with an employer from time to time. The draft provides for both total and hybrid remote work, according to the needs of the specific employee and employer, as well as for enabling to order the employee to perform remote work in special cases.

Thus, during the state of emergency, state of epidemic or, for example, fire or flooding in the workplace, the employer will be able to order the employee to perform remote work.

As a rule, the employer will have to accept the application for remote work submitted, inter alia, by:

• employee – a parent of a child with a certificate of disability or with a certificate of moderate or severe disability,
• pregnant employee,
• employee raising a child below 4,
• employee taking care of another member of the immediate family or another person staying in the common household and having a certificate of disability or severe disability,

The employer will be able to refuse remote work for this employee only if it is not possible to perform it due to the type of work or the organisation of work. The employer will have to inform the employee about the reason for this refusal.

What will be the employer’s obligations?

The employer will be obliged, first of all, to provide the employee performing remote work with materials and tools, including technical devices necessary to perform remote work, as well as to cover the costs of electricity and telecommunications services necessary to perform remote work.

The draft provides for the possibility for the employee to use private work tools (e.g. a computer) where it is agreed so by both parties to the employment relationship, provided that the employee’s private technical devices and other work tools, which are used by them for work, will ensure work safety. In this case, the employee will have the right to receive to a cash equivalent in the amount agreed with the employer.