Publication date: 19.09.2025
When remote work can be introduced – agreement, regulations, or instructions?
Remote work and labor code. Since the 2023 amendment to the Labor Code, remote work law regulations have been clearly regulated. It can be implemented in three ways: by agreement between the employer and trade unions or employee representatives; by remote work regulations (legal basis, specifying the rules for remote work); or by order of the employer, if justified by an emergency situation (e.g., a state of epidemic threat, force majeure).
Employees may also apply for remote work themselves, and in special cases (e.g., parents of children up to 4 years old, disabled individuals), the employer should grant the request, unless this is not possible due to work organization.
Employee obligations – ensuring conditions, Costs, Occupational Health and Safety, and Training
According to the regulations, remote work and the Labor Code impose specific obligations on employers. The employer must:
- Provide company equipment (or pay the equivalent for private use).
- Cover the costs of electricity and internet access—either as a lump sum or as a reimbursement.
- Conduct occupational health and safety training and provide safe work instructions.
- Define rules for personal data protection when working remotely.
Employer obligations – equipment , declaration, care for equipment
Employee working remotely: remote work conditions:
- Submit a declaration that the premises and technical conditions are suitable for work.
- Take care of entrusted property (equipment, documents).
- Comply with occupational health and safety and data protection regulations.
- Inform the employer about any obstacles to performing work.
The lack of appropriate conditions may be grounds for refusing remote work.
Workplace inspections - scope, form, and respect for privacy.
Remote work legal basis regulations provide for the employer's right to conduct inspections at the workplace. The inspection may concern:
- compliance with occupational health and safety regulations.
- proper use of equipment.
- protection of company data.
The inspection should take place during working hours, by prior arrangement, and with respect for the employee's privacy.
Employee rights - application, return, data protection, and remuneration.
Employees have the right to submit an application for remote work at any time, as well as to withdraw consent and return to on-site work within 30 days. They retain full rights to remuneration and benefits. Personal data and confidential information processed remotely are protected.
Occasional remote work—limits, procedures, and differences.
Occasional remote work rules allow for remote work for a maximum of 24 days per calendar year. This is a simplified form that does not require detailed regulations regarding employer reimbursement. A simple request from the employee is sufficient.
The legislator can revoke remote work—how does it work?
The employer has the right to revoke consent to remote work with 30 days' notice, indicating the reason (e.g., the need to be in the office). In crisis situations, the revocation can occur immediately.
Frequently encountered problems and practical tips for the parties.
The most common conflicts concern:
- Roll heightelectricity and internet bills.
- obligations regarding occupational health and safety (OHS) and training and accidents at work.
- rights to control the workplace and protect privacy.
Practical tips:
- Put all agreements in writing.
- Make sure your workstation is ergonomically sound—it's in the interest of both parties.
- Set online availability hours to avoid overtime and burnout.
- Regularly update your software to maintain company data.
Remote work in Poland is comprehensively regulated in the Labor Code, providing clear rules for employers and employees. It can be implemented based on an agreement, regulations, or an order in emergency situations. The employer is obligated to provide equipment, cover electricity and internet costs, conduct occupational health and safety training, and establish data protection policies. Employees, however, must confirm technical requirements, take care of entrusted property, and adhere to occupational health and safety regulations. Workplace inspections are possible while respecting privacy. Employees have the right to request remote work or return to the office within 30 days. Occasional remote work is also available (24 days per year). Writing down agreements, ensuring ergonomics and data security are key; carbon monoxide minimizes conflicts and promotes work efficiency.
F.A.Q.
Question
Can I work remotely only at my request?
Answer
Yes, you can apply for remote work at any time. The employer can accept or reject it, but in the case of parents of children up to 4 years old, people with disabilities, or caregivers, they are obligated to consider it positively, provided the job allows it.
Question
What is the employer responsible for, and what is the employee's responsibility?
Answer
The employer provides equipment, a flat-rate allowance for internet and electricity, health and safety training, and instructions. Employees must take care of the equipment, adhere to security and data protection regulations, and report obstacles to performing their duties in a timely manner.
Question
Can remote work be monitored?
Answer
Yes, the employer can inspect the remote workspace for occupational health and safety, data security, and equipment use. The inspection takes place during working hours, with the employee's knowledge and respect for their privacy.
Question
How many days per year are eligible for occasional remote work?
Answer
Occasional remote work is eligible for a maximum of 24 days per calendar year. It requires submitting a simple application, does not obligate the employer to reimburse expenses, and is a flexible solution, for example, in emergency situations.
Question
Can I be forced to return to the office?
Answer
Yes, the employer can withdraw consent to remote work with 30 days' notice, providing justification. In exceptional circumstances, such as a company emergency, the employee may request an immediate return to on-site work.
Question
Will I receive compensation for using my own equipment?
Answer
Yes, if you use a private computer or internet connection, your employer should pay you an equivalent or lump sum. The amount is determined in the remote work regulations or by mutual agreement.
