Remote Work and the Labor Code

Approximate reading time: 2m 33s

In recent years, when the whole world was shaken by the Covid-19 pandemic, modern life underwent drastic changes. Numerous preventive measures were introduced in connection with the fight to protect human health. Everyday life as it was known until then, filled with social activities and contacts, was strictly restricted. The situation that arose forced employers to reorganize company operations in order to restore the normal functioning of their business.

Although the Labor Code has contained regulations regarding remote work (Chapter Five, Section VIII „b“) since 2011, it has only now become a common practice. Although initially a forced choice (due to pandemic measures), home office actually brought benefits to many enterprises – reduced costs for renting and maintaining work premises, easy accounting for the work performed, and good management of work processes.

It is important to keep in mind that working from home cannot be imposed by order; it is voluntary in nature. An exception is the declared emergency situation, when such measures are necessary.
When the employer is considering introducing remote work, they must carefully assess all aspects related to it and provide for the preparation of the necessary documents.

 Learn the rules for „Healthy and Safe Working Conditions“.

Defining Work Characteristics

First of all, the organization of the work process must be taken into account – assigning tasks, determining their scope, and reporting results. It is important to note that the duties and rights of employees remain the same regardless of the change of workplace. It is advisable for this information to be described in the internal labor regulations and for all employees to be familiar with it. In this way, the employer has the right to seek responsibility in case of non-performance by the workers.

To ensure more effective home office work, all documents can be shared, signed, and stored electronically.

Working Time and the Right to Rest

Since according to the Labor Code the employee who works remotely has the right to organize their own time, the manager must specify in the individual employment contract during which time interval online presence is mandatory. This way it will be known when the worker will definitely be available, and at the remaining time they will have the opportunity to carry out their tasks independently.

The employee's home, within the defined working hours, may be visited by the employer in order to monitor the quality and working conditions.
Employees must be informed about the mandatory breaks they are entitled to under labor legislation. These are – 12-hour daily rest and 48-hour weekly rest.
Working time accounting is another important element in remote work. The worker bears full responsibility for the accuracy of the data they have declared.

Equipment

Remote work requires different equipment for different companies. All employees must be informed about the requirements for working with it and keeping it in proper condition. It is necessary to determine a way to notify the employer in case of a possible malfunction or failure in the company's information systems.
The equipment and consumables, software support and technical maintenance, communication devices, the monitoring system, if such is required, and data protection – all of this is provided at the employer's expense. It is possible to agree in an individual employment contract on the use of personal equipment, together with all rights and obligations of the employee.

A good option is to consult the occupational health and safety service in advance so that the employer can ensure compliance with safety requirements by the workers. Then an employment contract should be concluded, explicitly stating the employee's workplace address, as well as that the work will be performed remotely. In case the address is in another settlement, a notification should be submitted to the NRA.

According to a study, 71% of employers say that remote work has led to increased employee productivity. It remains to be seen whether this way of working will continue to be relevant after the pandemic.

 Learn the rules for „Healthy and Safe Working Conditions“.

The article is informational in nature. In each specific case, consultations with qualified specialists should be used, as they have the knowledge and competence to provide current and adequate advice.