Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.
Factsheet for measure PL-2020-10/1378 – Updated – measures in Poland
|Country||Poland , applies nationwide|
|Time period||Open ended, started on 03 March 2020|
|Type||Legislations or other statutory regulations|
Protection of workers, adaptation of workplace
– Teleworking arrangements, remote working
|Author||Jan Czarzasty (Warsaw School of Economics) and Eurofound|
|Measure added||31 October 2020 (updated 20 October 2021)|
Following the spring outbreak of COVID-19, a new form of rendering work, previously unrecognised by the Polish law - remote work - was introduced by the Anti-Crisis Shield 1.0. The measure was, however, set as only temporary for 180 days (then, in September extended for the entire period of the state of pandemics + 3 months after its end).
As remote work has been generally well - considering the circumstances - received by both employees and employers, the idea of making the temporary solution permanent emerged. With arrival of the second wave of the pandemic, the issue became even more urgent. As a result the government stepped in with a proposal to integrate the remote work and relevant regulations to the Labour Code. Initially, the idea was to replace the chapter on telework with a new set of provisions on remote work. This idea was presented to the social partners in August. In the meantime, however, due to internal reorganisation of the government (Ministry of Family, Labour and Social Policy dismantled and their prerogatives divided between Ministry of Development and Ministry of Family and Social Policy), the process was put on hold. It is now (early November) unclear whether the original concept will be further proceeded or replaced by a new one).
Remote work is now defined in very vague terms. The law stipulates only that an "employer may request that the employee performs, for a definite period, work away from its permanent site (remote work), as long as the state of pandemic emergency or state of pandemics is in force for an additional three months after it ends". The issues of workplace safety, compensation for usage of own equipment (such as laptop computers and other devices), electric power or other supplies necessary or helpful in performing work acquired by the employee are at his or her own expense and are not regulated whatsoever.
The following updates to this measure have been made after it came into effect.
|29 September 2021||
The draft legislation amending the Labour Code, so that remote work becomes a steady fixture of the labour law enter the phase of public consultation.
|11 August 2021||
The tripartite debate still underway as of August 2021.
|01 April 2021||
Following the meeting of the tripartite special negotiating body, the negotiations were set to continue with a view of remote work replacing telework in the Labour Code.
According to national statistics (GUS), as of October some 25% of the workforce have been engaged in remote work.
|Applies to all workers||Applies to all businesses||Does not apply to citizens|
Social partners jointly
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
The Social Dialogue Council (RDS) was informed by the government in August. At the moment, however, the issue is on hold, as it remains to be seen whether the original project will be continued or discontinued.
Supportive to the basic idea of making the provisional solution into permanent. As for details, they will only be able to take an official stance once the question that will actually be the subject to consultation is resolved.
Eurofound (2020), New permanent regulation on remote work under consideration, measure PL-2020-10/1378 (measures in Poland), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PL-2020-10_1378.html
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