On 16 May 2022 the Polish Government changed the status of the COVID situation in Poland from the state of a pandemic to a state of a threatened pandemic. In practice, employers may still use the so-called COVID Law dated 2 March 2020 to direct employees to work remotely for three months after the end of the state of the pandemic or after the end of threatened pandemic.
Legislative work regarding remote work irrespective of the COVID pandemic has been slow and as of the date of this article, the only basis for directing employees to work remotely is the COVID Law mentioned above.
It’s difficult to say when the new provisions will be finalized and enacted. The current proposals would anchor remote work in the Polish Labour Code as a legitimate form of work performance. The proposed changes include an obligation to agree with trade unions or workforce representatives conditions of remote work in a given company. New provisions would also tackle issues regarding provision of tools for remote work and reimbursements for private use of employees’ own equipment. Employers are to be given right to control employees who work remotely.
It’s difficult to tell how soon the new provisions will be enacted given controversies around some of the proposals.
