Prerequisites for remote working in home isolation
23 February 2021
Until recently, it was legally possible for people in quarantine to work remotely. However, the situation of people in home isolation was not regulated by law. Thanks to the amendment of Art. 4h of the act on specific solutions related to the prevention, counteraction and eradication of COVID-19, other infectious diseases and crisis situations caused by them, it is now possible for employees in home isolation to work remotely, provided that the employer and the employee agree to it.
There are some important points to bear in mind in connection with the above change:
Remuneration for working in home isolation
If remote work is carried out during isolation, the employee is entitled to the salary specified in the contract instead of the compensation for incapacity to work (according to Art. 92 of the Labour Code) or the sick pay.
Employer’s consent to remote working in home isolation
The aforementioned amendment to the provisions does not specify in what form the consent of the employer and the employee should be expressed, but it is worth documenting such a consent in a reliable way, e.g. in writing (traditional document) or electronically (e.g. by e-mail).
Remote working in home isolation and the employee’s actual state of health
Working in isolation should not be carried out by people who are incapable of working and the risk in this respect is the responsibility of the employer. Accordingly, the employee should provide the employer with a statement that their health condition allows them to perform their duties remotely during home isolation. It is also a good idea to oblige the employee to provide information promptly if their health deteriorates.
If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.
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