Poland in the Search for an Appropriate Legal Framework of Distant Work

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Łukasz Pisarczyk

Summary: 1. Opening Remarks. 2. Legal Forms of Distant Work. 3. Sources of Regulation of Distant Work. 4. Implementing Distant Work. 5. Work Equipment and Costs of Distant Work. 6. The Organization and Performance of Distant Work. 7. Conclusions.

Abstract

The existing Polish law provides for two legal forms of distant work: telework and pandemic remote work. The telework is, however, limited to work with the use of information technologies only while the anti-Covid law, which allows remote work irrespective of the use of information technology, is of extraordinary and temporary character. As a result, the legal framework is not adapted to the growing demand for work outside employer’s premises.To resolve this problem the governmenthas recently submitted the bill aimed at creating a new comprehensive legal frameworkfor the distant work. The Polish case may be helpful in identifying legal solutionswhich constitute an obstacle in the development of the distant work. It also providesexamples of how to improve the situation. The article confronts the existing and futureregulations and evaluates them from the perspective of international and Europeanstandards.

Keywords

Distant work, remote work, telework, employer and employee, collective bargaining.