Kancelaria Prawna Schampera, Dubis, Zając i Wspólnicy sp. j. SDZLEGAL SCHINDHELM: Draft amendment to the labor code and other acts.

21-05-2021

Kancelaria Prawna Schampera, Dubis, Zając i Wspólnicy sp. j. SDZLEGAL SCHINDHELM

20th of May, 2021, a draft amendment to the labor code and other acts was published, which is to introduce the principles of providing work by employees in the form of remote work. Below we present its most important assumptions, which we would like to draw your attention to:
 
1. Remote work may be performed by agreement of the parties to the employment contract, but also at the request of the employer during the state of emergency, epidemic threat and epidemic, for 3 months after their cessation and in other cases, if it is temporarily impossible to ensure health and safety conditions in workplace.
 
2. The exchange of documents between the employee and the employer may be in paper or electronic form.
 
3. The principles of performing remote work must be specified in an agreement concluded between the employer and the company trade union organization
 
4. It is possible to return to work stationary after 3 months from the commencement of remote work, under the agreement with the employer, requires an agreement or a changing notice.
 
5. The refusal to consent to change from stationary work to remote work during employment may not constitute a reason justifying the termination of the employment contract.
 
6. It is the employer's responsibility to provide the necessary materials, cover the costs necessary to perform remote work (internet, electricity) and provide the employee with technical support.
 
7. The employer is obliged to define the rules of personal data protection during remote work and the employee must confirm that he / she has read them.
 
8. The employer has the ability to control the employee in the time and place of remote work. The inspection must be performed on the terms specified in the agreement and must not infringe the employee's privacy.
 
9. The employer is obliged to carry out an occupational risk assessment regarding remote work.
 
10. Before starting remote work, the employee must confirm that he / she has read the risk and health and safety assessment and undertake to comply with them.

11. The employee is responsible for the proper organization of the remote work position, taking into account the requirements of ergonomics.

12. The costs incurred by the employee in remote work may be covered in the form of an equivalent or a lump sum. When determining the amount of the equivalent or lump sum, account is taken, in particular, of the consumption standards of materials and work tools, their documented market prices and the amount of material used for the employer's needs and its market prices, as well as consumption standards for other costs directly related to remote work, including in particular, electricity consumption standards and costs of access to telecommunications lines.

13. Reporting to an employer of an accident at work remotely means that the employee agrees to carry out an inspection of the accident site. The inspection is carried out immediately after reporting an accident at remote work, on a date agreed by the employee and members of the accident team. The post-accident team may refrain from carrying out an inspection of the accident site while working remotely if it considers that the circumstances and causes of the accident do not raise any doubts.

14. Remote work may be performed occasionally, at the employee's request submitted in paper or electronic form, in the amount not exceeding 12 days in a calendar year.

The full text of the proposed changes is available in polish here.


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