1. I am introducing a remote working system in my company. What issues should be included in the remote work order?
2. Do the provisions of the Polish Labor Code on teleworking apply to the regulations on remote work?
3. When introducing remote work system, do I have to provide the employee with a written order?
4. Do I have to justify the introduction of remote working to the employee?
5. Can an employee refuse to perform work remotely?
6. The employee has additional expenses due to remote working – increased costs of electricity consumption or depreciation of computer equipment. Should they be accounted for and if so, how should it be done?
7. I’m afraid my employees’ working time is out of control when they are performing work remotely. How can I protect myself against overtime claims?
1. I am introducing a remote working system in my company. What issues should be included in the remote work order?
It is advisable to specify the exact addressee (name and surname of the employee and position), the period of remote working, as well as the place where the work will be performed (outside the company). It is recommended for the official order to include the employee’s obligation to comply with internal organizational policy (in particular the work regulations), as well as the rules concerning health and safety at work and personal data protection. It is also suggested to confirm unequivocally that overtime work can only be performed after obtaining an explicit, unambiguous order from the employer.
2. Do the provisions of the Polish Labor Code on teleworking apply to the regulations on remote work?
No, remote work is a new and separate legal institution introduced on the basis of Article 3 of the Act of March 2, 2020 on special solutions related to preventing, counteracting and combating COVID-19 (“Act”). It has been introduced only for the duration of the Act and is not identical to teleworking, however, the Code’s teleworking regulations may be helpful in regulating specific issues related to remote working (for example, in the context of accounting for expenses incurred by employees in providing work in their place of residence).
3. When introducing remote work system, do I have to provide the employee with a written order?
No. The act does not specify the form of giving the employee the order, it can also be sent by email, for example. However, it is advisable to obtain a confirmation of receiving the order from the employee.
4. Do I have to justify the introduction of remote working to the employee?
No. Introducing remote work takes the form of an order, a unilateral action of the employer. Such an order is binding for the employee.
5. Can an employee refuse to perform work remotely?
It is not possible to force any employee to perform work (principle of freedom to work), but such a refusal only because of the introduction of a remote work system would be unjustified. The employer could impose a disciplinary sanction on the employee as a result of the refusal or even terminate the employment contract with the employee.
6. The employee has additional expenses due to remote working – increased costs of electricity consumption or depreciation of computer equipment. Should they be accounted for and if so, how should it be done?
It is recommended to account for such expenses. It is possible to base on the rules on teleworking and to apply the solution which is the least complicated in practice and in terms of accounting, i.e. to establish together with the employee a monthly lump sum for the reimbursement of such additional costs.
7. I’m afraid my employees’ working time is out of control when they are performing work remotely. How can I protect myself against overtime claims?
First of all, it is advisable to refer explicitly to the work regulations in the official order to work remotely and to point out that overtime work can only be performed upon an explicit instruction of the employer. It is possible to specify the form of such an order for overtime work – e.g. by stating that it must be sent by e-mail.
8. While performing work, the employee is in possession of sensitive data. How to ensure their security, also when sending them by e-mail?
It is advisable to introduce appropriate safeguards, adequate to the type of data and information processed. The most common forms of security are as follows: (i) introduction of a workflow policy regulating in particular the use of computer equipment and company telephones, use of mobile data carriers, the rules of using electronic mail, (ii) encrypted connections (VPN/SSL), (iii) encryption of carriers of mobile devices, (iv) encryption of internal memory, including memory cards, (v) configured mobile device locks.
