Since 7 April 2023, every company where employees work remotely must have either a remote work policy or an agreement with trade unions. Without either document, remote work in your company has no legal basis. Below are the key steps: how to choose the right form of document, what it must contain, and how to put it into effect.
A remote work agreement or a policy?
The form depends on whether trade unions operate in the company:
- Trade unions operate in the company: introduce the rules for remote work through an agreement with the company trade union organization. The process is described later in this article.
- There are no trade unions: set out the rules in a remote work policy, consulted with employee representatives.
Remote work policy: step by step
Most companies do not have trade unions. If that is the case in your company and you want to enable employees to work remotely, prepare and implement a policy on remote work.
A policy cannot be imposed unilaterally. Before it takes effect, you must consult employee representatives.
How to elect employee representatives
- Employees elect representatives from among themselves.
- The Labor Code does not regulate the election procedure. Describe it in the work rules, in separate rules for electing representatives, or even in an email to all employees.
- Ensure that the rules are fair: every employee should have the right to vote, and the procedure should be clear.
- Employees nominate candidates and hold a vote.
- The provisions refer to “representatives” in the plural, so elect at least two.
- If the company already has standing employee representatives elected earlier, you do not need to hold new elections.
Consulting the policy
- Present the draft remote work policy to the elected representatives.
- You do not have to include their suggestions. The consultation itself is sufficient.
- Prepare minutes of the consultation and obtain the representatives’ signatures. This is your evidence that the required procedure took place.
Announcing the policy and its entry into force
After the consultation, introduce the policy “in the manner adopted by the given employer”. In practice, this means:
- sending an email to all employees,
- publishing the policy in internal communication channels such as Slack or Teams,
- posting information in the cafeteria or staff rooms.
The policy takes effect on the date specified in it. For example, set the date a few days after announcing it so everyone has time to read it.
A detailed description of the whole process is available in the article How to introduce a remote work policy.
Introducing remote work: an agreement with the company trade union organization
If trade unions operate in your company, set the rules for remote work in an agreement between the employer and the company trade union organization. If there is more than one organization, conclude the agreement with all of them.
How the agreement is negotiated
- The employer and the trade union organization work together on the terms. Each side presents proposals, accepts them or suggests changes.
- The law does not prescribe the form of communication. The safest approach is to set out the terms in writing and discuss positions through direct dialogue.
If you cannot agree with all trade unions
If it is not possible to agree on the terms with all trade union organizations, you may conclude an agreement with the representative organizations, meaning each of which has at least 5% of the company’s employees as members.
If no agreement is reached within 30 days
If the agreement is not concluded within 30 days from presenting the draft agreement, you may set the rules for remote work yourself in a policy. However, you must take into account the arrangements reached during negotiations with the trade union organizations. In that case, you do not need to consult the policy separately with employees or trade unions.
What a remote work policy or agreement must contain
The Labor Code requires the policy or agreement to specify at least:
- Groups of employees covered by remote work: who in the company may work remotely.
- Rules for covering costs: how the employer covers costs related to remote work.
- An equivalent payment or lump sum: how the amount paid to an employee is determined.
- Communication rules: how the employer and employee communicate, including how presence at the workstation is confirmed.
- Monitoring the work performed: how the employer verifies remote work.
- Health and safety inspections: rules for occupational health and safety checks.
- Information security: rules for checking information-protection requirements, including personal data protection procedures.
- Work tools: rules for installing, inventorying, maintaining and updating software, and servicing devices entrusted to employees.
This is an open-ended list. You may also regulate other matters specific to your company, such as using coworking spaces or scheduling remote-work days. Additional rules must comply with the law and must not infringe employees’ rights.
What to do if employees already work remotely without a policy
If your employees work remotely but the company has no policy or agreement that complies with the provisions in force since 7 April 2023, complete the documentation without delay. The provisions have been in force for more than three years, and missing documentation exposes you to the risk that the remote-work arrangements will be challenged during an inspection.
What to do specifically
- Introduce a policy or agreement in accordance with the procedure described above, consulting employee representatives or agreeing terms with trade unions.
- Complete the individual documentation: prepare employer orders or employee requests for remote work, dated from the day the policy or agreement takes effect.
- Align practice with the documents: from the time the policy is implemented, ensure remote work is carried out in accordance with its terms.
Employees do not have to stop working remotely while the documentation is being implemented.
Summary: rules for remote work
The amendment to the Labor Code of 7 April 2023 required employers to set out remote-work rules in a formal document. Check whether your company meets the requirements:
- If you have trade unions, conclude an agreement, or introduce a policy after 30 days of unsuccessful negotiations.
- If you have no trade unions, prepare a policy, consult employee representatives and announce it within the company.
- If employees already work remotely without documentation, complete the policy or agreement and individual documentation as soon as possible.
The list of required policy terms is open-ended. In addition to the mandatory elements, you may regulate other matters suited to your organization.
Frequently asked questions
Does every company with employees working remotely need a remote work policy or an agreement? Yes. Since 7 April 2023, every company where employees work remotely must have a remote work policy or an agreement with trade unions. Without one of these documents, remote work in your company has no legal basis, and missing documentation exposes you to the risk that the remote-work arrangements will be challenged during an inspection.
When should remote-work rules be set out in a policy, and when in an agreement with trade unions? If trade unions operate in your company, introduce the rules through an agreement with the company trade union organization. If there are no trade unions, set the rules in a remote work policy consulted with employee representatives. There is one additional scenario: if no agreement is concluded with the trade unions within 30 days of presenting the draft, you may set the rules yourself in a policy, taking the arrangements reached in negotiations into account.
How do you introduce a remote work policy step by step if the company has no trade unions? First, elect at least two employee representatives. Employees nominate candidates and vote, and you describe the election rules, for example in the work rules or in an email to the team. Then present the draft policy to the elected representatives for consultation, prepare minutes and obtain their signatures as evidence that the procedure took place. Finally, announce the policy in the manner adopted by the company, such as by email, Slack, Teams or a notice board, and specify its effective date. Setting it a few days after the announcement gives everyone time to read it.
What must a remote work policy or agreement contain? The Labor Code requires it to specify at least: the groups of employees covered by remote work; rules for covering costs and determining an equivalent payment or lump sum; communication rules, including confirming presence; rules for monitoring work; health and safety checks; information and personal data protection; and rules for work tools, including installation, inventory, servicing and software updates. This is an open-ended list. You may also regulate other company-specific matters, such as using coworking spaces or scheduling remote-work days.
What should you do if employees already work remotely but the company has no remote work policy? Complete the documentation without delay. Introduce a policy or agreement through the required procedure, consulting employee representatives or agreeing terms with trade unions; prepare individual documentation, such as employer orders or employee requests dated from the day the policy or agreement takes effect; and align actual practice with the document’s terms. Employees do not have to stop working remotely while the documentation is being implemented, but the provisions have been in force for more than three years and missing documentation creates a risk that the remote-work arrangements will be challenged during an inspection.
