Since 7 April 2023, the provisions regulating remote work in the Labor Code have been in force. If you employ remote workers and do not have a trade union in your company, you must introduce a remote work policy. Below is the full procedure, from choosing employee representatives to announcing the policy.
Who is this article for?
This article is for any employer who:
- employs employees who work remotely or plan to do so,
- does not have a trade union in the company.
For more on when a policy is needed and when an agreement with trade unions is needed, see the article “How to Introduce Remote Work: A Policy or an Agreement with Trade Unions?”.
Procedure for introducing a remote work policy: summary
The whole process consists of seven steps:
- Choose employee representatives: employees choose representatives from among themselves, unless they have already chosen them.
- Election rules: you must have rules for electing employee representatives in the company, unless, for example, they are already described in the work rules.
- Voting: hold a vote among employees in accordance with the election rules.
- Consult the representatives: present them with the draft remote work policy and prepare a record of the consultation.
- Finalise the policy: after the consultation, the remote work policy is ready.
- Announce its entry into force: issue a management order and inform employees in the manner adopted in the company.
- Order or request: the employer issues an order for remote work or the employee submits a request to work remotely.
Introducing rules for electing employee representatives
The first step is to prepare and implement rules for electing employee representatives.
When can you skip formal elections?
The rules do not specify how many employees must be employed before elections are held. If you employ two or three people, it is easier to consult all of them on the remote work policy. With a larger number of employees, it is worth choosing representatives so you do not have to hold a discussion with a dozen people at once.
How do you introduce election rules?
- Prepare rules for electing employee representatives.
- The company’s management, such as the owner or an authorized director, issues a management order introducing the rules.
- Distribute the rules among employees by email, post them on the intranet or display them in a visible place at the company.
- Hold a short training session so employees understand the rules and election procedure.
Electing employee representatives
The employer conducts the election in accordance with the introduced election rules. The procedure is as follows:
- Appoint an election committee.
- The committee notifies all employees and distributes sample ballot papers and nomination forms.
- The committee counts the votes and announces the results.
How long does the election of representatives remain valid?
The election of employee representatives may remain valid indefinitely. This means that when you need to consult the representatives again, you do not have to organize another election.
Consultations with employee representatives
Once employees have chosen their representatives, present them with the draft remote work policy.
Consultation rules
- Conduct the consultation transparently and allow representatives to express their opinions and comments.
- Prepare a record: include employees’ comments and suggestions and the employer’s responses. This will make it easy to reconstruct the course of the discussions later.
- You may also prepare an additional report on the consultation.
Do you have to take employees’ comments into account?
No. The employer does not have to include any employee suggestions in the policy. It is enough for the policy to have been consulted on. You determine its final content yourself.
Announcing the remote work policy in the company
After the consultation is complete, you may bring the policy into force.
How do you announce the policy?
Announce the policy “in the manner adopted by the given employer”. In practice, this means:
- sending an email message to all employees,
- posting information and the policy text in communication channels such as Slack or Teams,
- displaying the policy in a cafeteria or staff rooms.
Formally, issue a management order with the adopted remote work policy attached. The policy may take effect when the management order is announced.
What should you do after the policy takes effect?
- Issue remote work orders to employees whom the employer has decided should work remotely.
- Collect requests to work remotely from employees who want to work remotely.
Also fulfil all obligations arising under the regulations. Details are in the article “Employer and Employee Obligations in Remote Work”.
Summary: what to do and in what order
Introducing a remote work policy requires several formal steps, but they can be completed efficiently:
- Prepare rules for electing employee representatives and introduce them by management order.
- Elect representatives in accordance with the rules.
- Consult the draft remote work policy with the chosen representatives and prepare a record.
- Announce the remote work policy by management order and inform employees.
- Collect employee requests or issue remote work orders.
You can carry out the whole process yourself. If necessary, contact a law firm.
Frequently asked questions
How do you introduce a remote work policy in a company without trade unions, step by step? The procedure consists of five steps in this order: prepare rules for electing employee representatives and introduce them by management order; elect representatives in accordance with those rules; consult the draft remote work policy with the chosen representatives and prepare a record of the consultation; announce the remote work policy by management order and inform employees in the manner adopted in the company; and finally, collect employee requests to work remotely or issue remote work orders to those whom the employer has decided should work remotely. You can carry out the whole process yourself. It does not require involving external entities.
Must you always hold elections for employee representatives when introducing a remote work policy? No. If you employ two or three people, you may skip formal elections and consult all of them directly on the remote work policy. The rules do not specify how many employees must be employed before elections are required. With a larger number of employees, it is worth choosing representatives so you do not have to hold a discussion with a dozen people at once.
How should consultations on a remote work policy with employee representatives be conducted? Present the draft remote work policy to the chosen representatives and allow them to express their opinions and comments transparently. Prepare a record of the consultation, including employees’ comments and suggestions and the employer’s responses, so the course of the discussions can be reconstructed later. You may also prepare an additional report on the consultation.
Does the employer have to take employee representatives’ comments on the remote work policy into account? No. The employer does not have to include any employee suggestions in the policy. It is enough for the policy to have been consulted on, and the employer determines its final content independently.
How do you announce a remote work policy so that it takes effect in the company? Issue a formal management order with the adopted remote work policy attached. The policy may take effect when that order is announced. Inform employees “in the manner adopted by the given employer”, for example by email, by posting information on Slack or Teams, or by displaying the policy in staff rooms. Once the policy is in force, collect requests from employees who want to work remotely or issue remote work orders to those whom the employer has decided should work remotely.
