POLAND: Labour Code now includes provisions on telework

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Amended by a law adopted on 1 December 2022, the Labour Code now includes provisions on telework.

Thus, work can be performed in whole or in part at the place indicated by the employee and agreed with the employer. The employer is obliged to provide the employee working remotely with the necessary equipment and working tools, including technical devices, and to cover the costs related to installation and maintenance as well as those of electricity and telecommunication services necessary to carry out remote work.

If the employer finds that there are failures to comply with the provisions and principles of health and safety at work, he can ask the employee to remedy them within a certain period. Failing this, the employer may no longer allow the employee to work remotely.

The assessment of occupational risks takes into account the impact of this work on the employee’s vision, locomotor apparatus and psychosocial conditions. On the basis of the results of this assessment, the employer prepares information for the employee. Before being allowed to perform telework, the employee confirms in a declaration that he/she has taken note of this assessment and the information containing the rules for safe and healthy telework and undertakes to comply with them.

In the event of an accident during telework, the place of the accident shall be inspected on a date agreed with the employee, or a member of his or her household if his or her state of health prevents him or her from doing so, unless there is any doubt about the circumstances and causes of the accident.

It should be noted that the same law allows employers to monitor the sobriety of employees and to test them for the presence of other addictive agents.

Text of the law

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