The Law on Amendments and Supplements to the Labor Code, introducing new rules regarding remote work, was published in State Gazette, issue 27 of March 29, 2024. The changes are driven by the rapid development of telecommunications technologies and digitalization, which significantly expand the application of work outside the employer’s premises.
The new changes offer many new opportunities, but to utilize them, it is necessary to make amendments to the company’s internal regulations and/or employment contracts with employees.
In general, the changes are as follows:
- Increased Flexibility for Remote Work
The new provisions of the Labor Code explicitly state that more than one workplace can be agreed upon in the employment contract, or through an annex, that stipulates remote work. (Art. 107z, Para. 8, Sentence 1 of the LC) If this option is used, the employment contract must outline all rights and obligations of the parties related to remote work. (Art. 107z, Para. 3, Sentence 2 of the LC)
The law also allows for a mixed mode of work to be agreed upon in the employment contract, including the conditions and procedure for its application. (Art. 107z, Para. 6, Item 1 of the LC)
Additionally, it is provided that, upon written request from the employee, the employer can change the employee’s workplace for no more than 30 working days per year. The conditions and procedure for this must be determined in the employment contract, through an addendum, and/or in the company’s internal regulations.
- Reporting Remote Work
The new provisions of the Labor Code establish an obligation to set rules for assigning and reporting remote work, including its content, volume, achieved results, and other characteristics relevant to its performance. (Art. 107z, Para. 9 of the LC) These rules can be included in the individual or collective employment contract, as well as in the company’s internal regulations. The Labor Code also introduces the possibility of assigning and reporting remote work through information systems. The employer must provide written information to employees about the type and volume of work-related data collected, processed, and stored in these systems. (Art. 107z, Para. 10 of the LC)
- Obligations for Ensuring Healthy and Safe Working Conditions
Some of the changes in the Labor Code relate to developing legislation regarding requirements for ensuring healthy and safe working conditions during remote work.
The amendments refine existing requirements, creating clear rules and defining the responsibilities of both the employer and employees regarding healthy and safe working conditions during remote work.
The new provisions stipulate that the employer must provide the employee with information about the minimum safety requirements for the workspace where remote work is performed. (Art. 107i, Para. 3, Item 6 of the LC) It is the employee’s responsibility to comply with these requirements and ensure a workspace outside the enterprise at the inception or amendment of the employment relationship. (Art. 107i, Para. 1 of the LC) After ensuring the workspace, the employee must provide the employer with written information about the characteristics of the workspace provided for remote work. (Art. 107k, Para. 2 of the LC) The employer, in turn, must check the characteristics and ensure they meet the requirements for healthy and safe working conditions stipulated in the Law on Healthy and Safe Working Conditions. (Art. 107k, Para. 3 of the LC)
Since the employer is responsible for healthy and safe working conditions, they must inform employees about the requirements for work organization and safe and healthy working conditions in accordance with regulatory acts, internal company rules, company policies on safety and health at work, etc. (Art. 107k, Para. 4 of the LC) However, the employee is responsible for complying with the company’s policies on safe working conditions. (Art. 107k, Para. 5 of the LC)
The team at Mikinski & Partners Law Office remains at your disposal for any questions or assistance regarding the interpretation and application of the amendments and supplements to the Labor Code.
