Teleworking is work performed regularly outside the workplace, using electronic means of communication, under which the employee provides the employer with the results of work, in particular via the above-mentioned means.

The conditions for the use of telework by the employer are defined in an agreement concluded between the employer and the workplace trade union organization, and if there is more than one workplace trade union organization – in agreement between the employer and these organizations.

If the workplace trade unions do not operate at a given employer, the conditions of teleworking are specified by the employer in the regulations, after consultation with employee representatives selected in accordance with the procedure adopted by the employer.

Performing work in the form of telework is also possible at the request of an employee submitted in paper or electronic form, regardless of the conclusion of an agreement specifying the conditions for the use of telework with the workplace trade union organization or of defining these conditions in the regulations.

The parties to the employment relationship may decide to perform telework by concluding a teleworking contract or by changing the current employment relationship between the parties – by adding elements of telework to the existing employment contract.

Within 3 months from the date of commencing work in the form of telework, if it took place during employment, each party may submit a binding application for the cessation of work in this form and the restoration of the previous conditions of work. The parties then agree on a date for restoring the previous conditions of work, not longer than 30 days from the date of receipt of the request.

The employee's lack of consent to change the current employment relationship between the parties and to perform work in the form of telework, as well as the cessation of work in the form of telework in the event that teleworking has been introduced during employment, may not constitute a reason justifying the termination of the employment contract by the employer.

The employer is obliged to:

1. provide the teleworker with the equipment necessary to perform work in the form of telework,
2. insure the equipment,
3. cover the costs related to the installation, service, operation and maintenance of the equipment,
4. provide teleworker with technical assistance and the necessary training in the use of equipment

– unless the employer and the teleworker decide otherwise, in a separate agreement.

The employer and the teleworker may, in a separate agreement, specify in particular:

1. the scope of insurance and the rules for the use by the teleworker of the equipment necessary to perform work in the form of telework, which is the property of the teleworker,
2. rules of communication between the employer and the teleworker, including the method of confirming the presence of the teleworker at the workplace,
3. the manner and form of controlling the performance of work by teleworker.

If the teleworker uses his own equipment to perform telework, the teleworker is entitled to a cash equivalent in the amount specified in the agreement or regulations concerning the conditions for the use of telework or in a separate agreement concluded with the teleworker. When determining the amount of the equivalent, the equipment consumption norms, its documented market prices and the amount of material used for the employer's needs and its market prices are taken into account in particular.

The employer has the right to control the performance of work by the teleworker at the place of work.

If the work is performed in the teleworker's home, the employer has the right to inspect:

1. the performance of work,
2. with the aim of inventory, maintenance, service or repair of entrusted equipment, as well as its installation,
3.  the occupational health and safety

– with the prior consent of the teleworker expressed in writing, or by means of electronic communication or similar means of individual remote communication.

The employer adjusts the method of carrying out the inspection to the place of work and the nature of the work. Inspection may not violate the privacy of the teleworker and his family or impede the use of home rooms in a manner consistent with their intended use.

The first inspection, in the field of occupational health and safety, is carried out at the request of the teleworker, before the commencement of work by him.

Teleworking may be permanent, but it is also possible for an employee to perform telework only on selected days of the week, and work in the workplace on other days.

The employer allows the teleworker, on the principles adopted for all employees, to stay on the premises of the workplace, contact other employees and use the employer's premises and equipment, corporate social facilities and employee walfare programs.

The teleworker may not be treated less favorably in terms of establishing and terminating the employment relationship, terms of employment, promotion and access to training in order to improve professional qualifications than other employees employed at the same or similar work, taking into account the differences related to the conditions of performing work in the form of telework. An employee may not be discriminated against in any way on the grounds of undertaking teleworking work, as well as refusal to undertake such work.