New rules of remote work – amendment to the labour code

Abstract

Purpose: The impulse to write the article was the coming into force on 7 April 2023 of the amendment to the Labour Code, which introduced regulations regarding remote work. The possibility of an employee working remotely was provided for in Art. 3 of the Act of 2 March 2020, the act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases, and crisis situations caused by them (The Act, 2020, Item 1842). Due to the temporary nature of the above-mentioned regulation, it became necessary to statutorily regulate the principles of remote work. The new regulations undoubtedly constitute a challenge for employers and make the issue of remote work in labour law important and topical. Author presents the definition and types of remote work, as well critically evaluates new regulations. Design/methodology/approach: The deliberations are based on the related literature on the subject and an analysis of the legal provisions applicable in the area under discussion. Findings: The current structure of remote working is less restrictive. The amendment does not specify any conditions enabling the introduction of remote work. The current regulation allows for more flexibility than with teleworking, because remote work does not always have to be only work the effects of which can be sent via electronic communication. There are also some criticisms of the above, though. The new regulation is extensive, and numerous references to other articles make the provisions relatively illegible. The procedure for agreeing on remote work has been significantly formalised, and part of the risk associated with its performance has been transferred to the employee. Practical implications: Adjusting their business to the new legal requirements, entrepreneurs will need to implement far-reaching organisational changes. For this reason, knowledge about the remote work regulations has become increasingly important. Originality/value: The article raises the issue of remote work, which is important not only from the point of view of the employee but also from the entrepreneur’s perspective. The issues arising from this are the subject of only a few publications. Keywords: labour law, remote work, entrepreneurs’ obligations, employee. Category of the paper: viewpoint, literature review