Remote Work in Poland: Rules for Employers and Employees

Below are the specific rules: who decides whether work is remote, how it may be inspected, when remote work is excluded and what you need to put in place at your company.

Definition of remote work under the Labor Code

Remote work is work performed wholly or partly at a location indicated by the employee and agreed with the employer each time, including the employee’s home address. It is performed in particular using means of direct communication at a distance.

Who decides whether work is remote?

Remote work may be performed in three ways:

1. At the employer’s instruction, in the special circumstances specified by law.
2. At the employee’s request, which the employer must grant in certain situations.
3. Occasionally, at the employee’s request, for up to 24 days in a calendar year.

Remote work at the employer’s instruction

An employer may instruct an employee to work remotely only in three situations:

• while a state of emergency is in force,
• during an epidemic threat or an epidemic,
• when force majeure prevents the employer from providing safe and healthy working conditions at the employee’s usual workplace.

Before issuing the instruction, you must ensure that:

• the employee has submitted a statement confirming that they have suitable premises and technical conditions for remote work,
• if the employee states that they do not have those conditions, you cannot issue the instruction,
• you may withdraw the instruction to work remotely with at least two days’ notice.

Remote work at the employee’s request

An employee may request remote work. As an employer, you must grant the request if it is submitted by an employee who:

• is pregnant,
• is raising a child under four years old,
• provides care for a family member with a disability.

You may refuse only when remote work is impossible, for example because of the type of work or the lack of suitable premises or technical conditions. You must give the reason for refusal in writing.

Occasional remote work

An employee may request occasional remote work for up to 24 days in a calendar year. Any inspection of work performed under this arrangement follows the rules agreed directly with the employee.

Inspecting remote work

As an employer, you have the right to inspect remote work in two areas:

• occupational health and safety (OHS),
• compliance with personal data protection procedures.

You set the inspection rules in an agreement with the trade unions, the remote work policy, the employer’s instruction or an individual agreement with the employee.

How to carry out an inspection properly

1. Agree on the inspection date with the employee.
2. Conduct the inspection at the place where remote work is performed and during working hours.
3. Adapt the inspection method to the location and type of work.
4. Do not violate the privacy of the employee or other members of the household.
5. Do not interfere with the use of rooms in the home for their intended purposes.

What to do if you find a problem

If an inspection reveals irregularities, you have two options:

• Set a deadline to correct them, and the employee must make the corrections within that time.
• Withdraw consent to remote work, requiring the employee to return to their previous workplace by the date you set.

When remote work is excluded

Not every job can be performed remotely. The Labor Code excludes remote work for jobs that involve:

• particularly dangerous conditions,
• exposure to physical factors above the permissible limits specified for residential premises,
• dangerous chemical agents, as defined in the OHS rules on chemical agents,
• harmful biological agents, radioactive substances, mixtures that produce nuisance odors, or work that generates dust or causes heavy soiling.

How to introduce remote work at your company: steps

1. Check whether trade unions operate at your company. If they do, enter into an agreement with them setting out the rules for remote work.
2. If there are no trade unions, introduce a remote work policy.
3. Set out the rules in the policy or agreement, including the work location, inspections, cost coverage, data protection and OHS.
4. Prepare document templates, including the employee’s statement that they have suitable premises and technical conditions, a request for remote work and an instruction to work remotely.
5. Inform employees about the new rules and collect the required statements.

You can find a detailed procedure in this article: How to introduce a remote work policy at your company.

Frequently asked questions

When may an employer unilaterally instruct an employee to work remotely? An employer may instruct an employee to work remotely only in three situations: while a state of emergency is in force, during an epidemic threat or an epidemic, or when force majeure prevents the employer from providing safe and healthy working conditions at the usual workplace. Before issuing the instruction, the employee must submit a statement confirming that they have suitable premises and technical conditions. If they do not, the employer cannot issue the instruction. The employer may withdraw it with at least two days’ notice.

When must an employer grant an employee’s request for remote work? The employer must grant a request submitted by an employee who is pregnant, is raising a child under four years old, or provides care for a family member with a disability. Refusal is allowed only if remote work is impossible because of the type of work or the lack of suitable premises or technical conditions. The employer must give the reason for refusal in writing.

How may an employer inspect an employee’s remote work in accordance with the rules? An inspection may cover occupational health and safety (OHS) and compliance with personal data protection procedures. Agree on the date with the employee and conduct it at the place where remote work is performed, during working hours. Do not violate the privacy of the employee or other members of the household. If you find irregularities, you may set a deadline to correct them or withdraw consent to remote work and require the employee to return to their previous workplace.

Which jobs cannot be performed remotely? The Labor Code excludes jobs involving particularly dangerous conditions, exposure to physical factors above the permissible limits specified for residential premises, dangerous chemical agents, harmful biological agents, radioactive substances, mixtures that produce nuisance odors, or work that generates dust or causes heavy soiling. Check whether a job at your company falls within these exclusions before allowing it to be performed remotely.

How can a company introduce remote work step by step? First check whether trade unions operate at the company. If they do, enter into an agreement with them setting out the rules for remote work. If there are no trade unions, introduce a remote work policy. Specify the work location, inspection rules, cost coverage, data protection and OHS. Then prepare templates for the employee’s statement that they have suitable premises and technical conditions, a request for remote work and an instruction to work remotely. Finally, inform employees about the new rules and collect the required statements.