2007 Changes in regulations of labour code connected with telework

On the 16th of October 2007 new regulations connected with more and more popular in Poland telework came into force. As a result of amendments to the Labor Code ( Dz. U. 1974 Nr 24 pos. 141 ) a new chapter IIb was introduced, which title is “Employing the workers in form of telework” and deals entirely with this new form of employment.

In the light of the new regulation, telework differs from classic relation of work in the sense that it is not conducted in the seat of the firm. According to the new regulations, telework can be regularly performed outside a workplace, using means of electronic communication. Teleemployee therefore is a person, who performs work in this way and then passes its results to an employer using electronic ways of communication.

A contract for work can be also drawn during an employment. However in this kind of situation, teleemployee or employer has a right to file a motion about discontinuation his performance and returning to previous conditions of employment during the first three months of telework.

Employer, who will decide to engage teleemployee will be obliged to:

  • Provide the teleemployee with equipment that will enable work on distance
  • Cover the costs of service, preservation and installation of the equipment
  • insurance of the equipment
  • provide the teleemployee with the technical help and the necessary training in handling the equipment
  • Whereas, teleemployee’s duties include:
  • passing information to the employer necessary to communicate with him/her
  • acquainting oneself with rules of protection of personal data made in form of written confirmation

The new regulations of Labor Code states that an employer has a right to control the teleemployee in a place of work but only upon a previous written agreement or by means of electronic communication or by similar means of communicating on distance. However employer is obligated to execute this right in a way suitable for place of work and its character. If the work is performed in teleemployees’s home, executing supervisory action can not violate privacy of teleemployee and his family.

In the amendments the legislator clearly pointed out, that teleemployee can not be treated unfairly as far as establishing and terminating employment, terms of employment, promotion and the access to training are concerned in comparison with other employees.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44,
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