Background information

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).

Content of measure

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.

Use of measure

According to national statistics (GUS), as of October some 25% of the workforce have been engaged in remote work.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Social partners jointly	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Informed	Informed
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: Unknown

Involvement

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.

Views and reactions

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.

Sources

• 03 March 2020: The Act of 2 March on Special Measures regrading Prevention, Counteraction and Combating COVID-19 Other Contagious Diseases and Crisis Situations Related and Some Other act of Law Ustawa z dnia 2 marca 2020 r. o szczególnych rozwiązaniach związanych z zapobieganiem, przeciwdziałaniem i zwalczaniem COVID-19, innych chorób zakaźnych oraz wywołanych nimi sytuacji kryzysowych (dziennikustaw.gov.pl)
• 19 August 2020: Reply to the Interpellation no. 9326 on Remote Work)(Odpowiedź na interpelację nr 9326 w sprawie pracy zdalnej) (sejm.gov.pl)
• 21 October 2020: Information Society in Poland in 2020 (Społeczeństwo informacyjne w Polsce w 2020 roku) (stat.gov.pl)