Implementing Remote Work for Employees Based in Poland

How we work has changed a lot, and many companies now have employees who work remotely, some or all of the time. If your company has team members based in Poland who work remotely, it’s essential to understand the legal aspects of this arrangement under Polish Labour Law.

Defining Remote Work

Polish law defines remote work as work performed wholly or partly at a location indicated by the employee and agreed upon with the employer, including the employee’s home address, using direct communication at a distance (like the internet and phone).

Establishing Remote Work Arrangements

The employer and the employee must agree on remote work in Poland. This agreement can be made when the employment contract is first signed or introduced later during the employment. If it’s introduced later, it usually requires the employee’s consent.

Key Elements of a Remote Work Agreement or Policy

While the specific format might vary, having an explicit agreement or internal policy covering remote work is good practice. This should address things like:

• The location of remote work needs to be agreed upon with the employee.
• How the employee will communicate with the employer: This might include expectations around email, phone calls, video meetings, and any specific communication platforms.
• How the employee will confirm their presence at work could involve logging into systems or other check-in forms.
• Rules around supervising the employee’s work: How will performance be monitored and feedback given?
• Regulations concerning data protection and IT security are crucial when employees work outside the company’s usual premises.
• Rules about the installation, usage, maintenance, and insurance of work-related equipment: Who provides it, and who is responsible for its upkeep?
• Reimbursement of costs related to remote work: If agreed upon, this could include internet access, electricity, or office supplies. There is no minimum lump sum defined by law, and most companies pay between 30 PLN and 100 PLN monthly.

Health and Safety in Remote Work

Employers in Poland still have a responsibility for the health and safety of their remote workers. This means you might need to:

• Assess the safety of the employee’s remote work location (often done through a questionnaire completed by the employee).
• Provide guidance on safe work practices when working from home.
• Investigate any workplace accidents that might occur at the remote work location.

Terminating Remote Work Arrangements

Like the initial agreement, ending a remote work arrangement usually requires agreement between the employer and the employee. However, there are also situations where an employer can unilaterally withdraw the remote work arrangement, for example, if the employee’s performance is not satisfactory or if specific operational needs require the employee to work from the office. There are often notice periods associated with this change.

Important Considerations for Foreign Companies

When implementing remote work for employees in Poland, ensure you have clear agreements that address all the key legal and practical aspects. Remember that Polish Labour Law applies, and it’s wise to seek legal advice to ensure your remote work policies are compliant and effective. Clear communication with your remote team is essential for a successful working relationship.