The Problems of Remote Work in Polish Labour Code

• Published in: Studia z Zakresu Prawa Pracy i Polityki Społecznej (Online) Vol. 30; no. 4; pp. 323 - 328
• Main Author: Baran, Krzysztof W
• Format: Journal Article
• Language: English
• Published: Wydawnictwo Uniwersytetu Jagiellońskiego 01.11.2023; Jagiellonian University Press; Jagiellonian University
• Subjects: Economy; Human Resources in Economy; Labour and Social Security Law; Law, Constitution, Jurisprudence; Management and complex organizations; Social Sciences; Sociology; scope of remote work; types of remote work; remote work; amendment to the Labour Code
• ISSN: 1429-9585; 1734-4867; 2544-4654
• DOI: 10.4467/25444654SPP.23.025.18497

Section IIC of the Labour Code that was adopted by the Parliament in December 2022 introduces new regulations concerning remote work to Polish labour legislation. Thus, the binding legal provisions included in the anti-Covid legislation were repealed. The legislation authority established a new model of remote work. The aim of this study is to provide a general characteristic of this model. For the purposes of this article, I will focus mainly on the subjective and objective issues. The essence of remote work consists in performing this work at a location specified by the employee and agreed with the employer. The results of remote work are submitted with the use of means of remote communication. De lege lata, two types may be distinguished: contractual remote work and remote work that is designated unilaterally. This allows the parties to the employment relationship to adapt it in a flexible way to the diverse conditions of the work environment at the dawn of the post-industrial era.