The new regulations establish a clear framework for remote work, replacing the previous concept of "telework." Here are some key legal aspects to consider:

Employee Choice and Location

Employees have the right to request remote work, and employers must consider such requests based on the nature of the work. The employee can designate their preferred workplace (subject to employer approval) within Poland or even the EU.

Employer Approval and Regulations

Employers retain the right to approve or deny remote work requests. They are also responsible for issuing internal regulations outlining the specific rules and procedures for remote work within their organization.

Technological Infrastructure

The success of remote work hinges on a robust technological infrastructure. Here's what needs to be considered:

• Equipment and Tools: Employers are responsible for providing or covering the costs of equipment and tools necessary for remote work. This includes computers, software, and any other technical devices required to perform the job effectively.
• Communication and Collaboration Tools: Reliable video conferencing platforms, instant messaging tools, and project management software are crucial for seamless communication and collaboration within remote teams.

Employer Responsibilities

Employers have a significant role to play in facilitating a productive and safe remote work environment. Here are some key employer responsibilities:

• Cost Reimbursement: Employers must reimburse employees for reasonable expenses incurred due to remote work. This includes electricity used for work purposes and internet service costs.
• Health and Safety: While the employee is responsible for arranging their workspace, employers must still provide information on workplace health and safety and ensure a risk assessment is conducted for the remote workstation.
• Work-Life Balance: Employers should establish clear policies and guidelines to promote a healthy work-life balance for remote employees. This may involve setting core working hours, encouraging breaks, and respecting employees' right to disconnect outside of work hours.

Employees have the right to request part-time work, regardless of their contract type, whether fixed-term or indefinite. The employer must consider such requests and provide a written response within 30 days. Part-time employees are entitled to pro-rated benefits and remuneration based on their work hours compared to full-time employees. Employers are generally responsible for providing or covering the cost of equipment necessary to perform the job duties.

Flexitime

Employees can request flexitime arrangements, allowing them to vary their work schedule within a specific daily or weekly timeframe. Employers have the right to approve or deny flexitime requests based on operational needs. Reimbursement policies for expenses incurred due to flexitime work, such as additional commuting costs, should be outlined in internal company regulations.

Job Sharing

Two or more employees can agree to share a single full-time position, dividing the work duties and responsibilities. Both employees have individual employment contracts with the employer. Each employee receives a proportional share of the salary and benefits associated with the full-time position. Employers are typically responsible for providing the necessary equipment for each employee involved in job sharing.

In Poland and the EU, the General Data Protection Regulation (GDPR) is the primary legislation governing data protection. It outlines several obligations for employers, including:

Employer Obligations

• Lawful Basis for Data Processing: Employers must have a lawful basis for processing employee data, such as fulfilling contractual obligations or obtaining employee consent.
• Data Minimization: Employers should only collect and process the personal data of remote employees that is strictly necessary for work purposes.
• Data Security: Employers must implement appropriate technical and organizational measures to ensure the security of employee data, including protection against unauthorized access, accidental loss, or destruction.
• Transparency and Training: Employers have a transparency obligation to inform employees about how their data is collected, used, stored, and secured. They should also provide training on data protection best practices for remote work.

Employee Rights

Remote employees in Poland have several rights regarding their personal data under the GDPR:

• Right to Access: Employees have the right to access their personal data held by the employer and request a copy.
• Right to Rectification: Employees can request corrections to any inaccurate or incomplete personal data.
• Right to Erasure (Right to be Forgotten): In certain situations, employees can request the deletion of their personal data.

Best Practices for Data Security

To ensure a secure remote work environment, employers and employees can collaborate on the following best practices:

• Secure Work Devices and Software: Employers should provide secure work laptops with strong password protection and up-to-date security software.
• Data Encryption: Sensitive data should be encrypted both in transit and at rest.
• Access Controls: Implement access controls to restrict access to company data only to authorized personnel.
• Employee Training: Regularly train employees on data security best practices, including phishing email identification and password hygiene.
• Clear Internal Policies: Develop clear internal policies outlining data protection procedures and employee responsibilities for remote work.