There is just one day left until the remote work regulations come into effect. The amended Labour Code repeals the previous possibility of remote work under the so-called COVID-19 law, which means that employers on the day the new regulations take effect – that is, already on April 7 – should implement appropriate documentation of remote work in their organization.
What makes up remote work documentation?
Although the amended regulations speak of the obligation to regulate remote work in the regulations, remember that in addition to the remote work regulations, the employer must prepare at least:
- a data protection procedure;
- information containing the principles of safe and healthy performance of remote work;
- a model of agreement with the employee;
- templates of relevant statements for employees;
- completed information on the terms and conditions of employment.
In addition to the above documents, employers should also remember to adequately document consultations with employee representatives and prepare appropriate documentation on the costs of remote work.
What should be regulated in the remote work regulation?
The amended regulations quite clearly define the minimum information that should be included in the remote work regulation. Among the most important are:
- definition of groups of employees covered by remote work;
- rules for covering the costs of remote work;
- rules for determining a lump sum or allowance for remote work;
- rules for communication during remote work;
- rules for controlling employees working remotely.
In addition to the above issues, in our opinion, it is also important to regulate the following issues in the remote work regulations:
- the place of remote work and related business trips;
- rules for entrusting the employee with the employer’s property;
- rules for the use of the employer’s property transferred to the employee for remote work;
- rules for summoning a remote employee to the employer’s headquarters;
- rules for occasional remote work.
What should we not include in remote work regulation?
We can also look at the remote work regulation from the negative side and consider what we can – and sometimes even should – move to another document as an appendix to the remote work regulation.
Since remote work regulation, like any other regulation, should come into force two weeks after the day it is announced to employees in the manner adopted by the employer, it is worth regulating such issues as:
- the specific amount of the lump sum for remote work;
- indication of the location of remote work by employees;
in separate regulations – so that if there is a change in these issues, the changes will take effect immediately, without having to wait two weeks.
Despite the multiplicity of information necessary to be included in the regulations for remote work, let us remember that it is intended to serve not only employees, but also employers. Proper regulation of the issues indicated above fulfills the statutory obligations, safeguards the interests of the employer and shapes the culture of the organization, introducing clear, transparent and uniform rules for the performance of remote work by employees.
We encourage you to contact us – we will help you through the implementation process, guaranteeing high-quality documentation of remote work and full support in its implementation. We will also be pleased to answer any questions or concerns you may have.
Paula Staszak-Urbańska, LL.M., Trainee attorney-at-law (PL)