Remote working in the basic model vs. occasional remote working
2 March 2023
As of 7 April 2023, an amendment to the Labor Code on occasional remote work comes into force, repealing the existing provisions on telework.
Remote working in the basic model vs. occasional working
Due to the lack of clarification of these issues in the new regulations, employers will have to decide how to apply occasional remote work in situations where they implement remote work in their entities based on an agreement with employees (the so-called “big regulation”).
According to the regulations, remote working by agreement should be implemented based on an agreement with trade unions, the internal work regulation, or the content of employment contracts. The employer is obliged to establish a number of rules regulating, inter alia, rules on the calculation of a lump sum payment corresponding to the expected costs incurred by the employee in connection with the remote work (inter alia, the cost of electricity and telecommunication services).
Occasional remote work is a simplified form of remote work application: according to the provision of Article 6733 of the Labor Code:
§ 1. Remote work may be performed on an occasional basis, at the request of the employee submitted in paper or electronic form, for a number of not exceeding 24 days per calendar year,
and according to § 2 of this article, the provisions of Articles 6719-6724 and Article 6731 § 3 shall not apply to the remote work referred to in § 1.
This means that the provisions related to the regulation of remote work performed under an arrangement, such as those concerning the obligation of employers to cover the costs of electricity or telecommunication services, do not apply to occasional remote work.
For these reasons, the use of consensual remote working and occasional remote working simultaneously may entail serious organizational difficulties due to the different obligations and entitlements that the two forms imply for employees and employers. Such a measure may also raise questions regarding the billing of these different types of remote work when they operate simultaneously, as the provisions on the employer’s obligation to cover the costs of, inter alia, electricity or telecommunications services do not apply to occasional remote work.
Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office
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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