1. What is remote work under labour law in Poland?
In Poland, remote work means performing work permanently or partly at a location indicated by the employee, including their home, and agreed with the employer. The rules apply to both fully remote and hybrid work arrangements.
2. When did the new remote work regulations come into force in Poland?
In Poland, the new remote work regulations entered into force on 7 April 2023, replacing previous provisions on telework under the Labour Code.
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3. Can remote work be agreed when signing an employment contract in Poland?
Yes. In Poland, remote work can be agreed either at the time of concluding the employment contract or later during employment through an amendment, without the requirement of written form.
4. Can an employer in Poland instruct an employee to work remotely without agreement?
Yes. In Poland, an employer may instruct remote work during a state of emergency, epidemic, epidemic threat, or force majeure situations, such as fire or flooding, when safe working conditions cannot be ensured on-site.
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5. How should the rules for remote work be established in Poland?
In Poland, remote work rules must be set out in an agreement with trade unions or in employer regulations. If no union exists, regulations are established after consulting employee representatives.
6. Can remote work be granted in Poland if no internal rules exist?
Yes. In Poland, remote work may still be granted at the employee’s request even if no agreement or regulations on remote work have been formally adopted by the employer.
7. Which employees in Poland must have their remote work request considered by the employer?
In Poland, employers must consider remote work requests from pregnant employees, parents of children under four, carers of disabled household members, and parents of children with disability or special educational needs.
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8. When can an employer refuse remote work to protected employees in Poland?
In Poland, refusal is allowed only if remote work is impossible due to the nature or organisation of work. The employer must inform the employee of the reason for refusal.
9. What is occasional remote work in Poland?
Occasional remote work in Poland may be granted at the employee’s request for up to 24 days per calendar year. Employers may refuse such requests, and some standard remote work obligations do not apply.
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10. What equipment obligations does an employer have for remote work in Poland?
In Poland, the employer must provide materials, tools, technical devices, installation, maintenance, electricity, and telecommunications costs necessary for remote work, unless otherwise agreed in regulations or agreements.
11. Can employees use private equipment for remote work in Poland?
Yes. In Poland, employees may use private equipment for remote work if agreed with the employer and if safety requirements are met. In such cases, the employee is entitled to a cash equivalent.
12. What additional obligations does the employer have toward remote employees in Poland?
In Poland, employers must provide training, technical support, and allow remote employees access to workplace premises, equipment, social facilities, and company activities on the same terms as other employees.
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13. Can an employee withdraw from remote work in Poland?
Yes. In Poland, both the employee and employer may request a return to on-site work if remote work was agreed during employment. If no agreement is reached, return occurs after 30 days.
14. How are occupational health and safety obligations handled for remote work in Poland?
In Poland, employers retain general OSH obligations, but employees organise their own remote workplace. Some on-site obligations, such as sanitary facilities and first aid provision, do not apply.
15. Can OSH training for remote workers in Poland be conducted online?
Yes. In Poland, initial OSH training for administrative and office remote workers may be conducted entirely via electronic communication. Periodic training remains mandatory, with limited exceptions.
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16. What types of work cannot be performed remotely in Poland?
In Poland, remote work cannot include particularly hazardous work, work exceeding physical factor limits, or work involving harmful, corrosive, radioactive, irritating, or heavily polluting substances.
17. What OSH documentation must an employer prepare for remote work in Poland?
In Poland, the employer must prepare a remote work risk assessment and provide employees with safety guidelines covering workplace organisation, emergency procedures, and hygienic working conditions.
18. How are work accidents during remote work handled in Poland?
In Poland, standard accident-at-work rules apply to remote work, respecting employee privacy. The employer appoints a post-accident team, and site inspections are agreed with the employee or omitted if unnecessary.
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