Remote Work Policy

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Remote Work Policy

folder Kadry i Płace – JDG, Kadry i Płace – Spółki person Igor Kyrczewski calendar_today 2025-05-25

 🔹 Introduction

 As of April 7, 2023, remote work is regulated in the Labour Code and can be carried out:

  • fully remotely,
  • in a hybrid mode (partially remotely),
  • occasionally (up to 24 days per year).

In order for the company to effectively manage this form of employment, a remote work policy is necessary – in the form of regulations, an agreement, or an order.
 

🔸 1. Legal Basis

  • Labour Code, art. 67¹–67¹⁹ (remote work)
  • Regulation on Health and Safety in Remote Work (Journal of Laws 2023, item 471)
  • GDPR and data protection – obligations of the employer

🔸 2. When is a remote work policy required?

 The obligation to develop a remote work policy (regulation or agreement) arises when:
✅ Remote work has a regular character (permanent or hybrid),
✅ The company employs more than 1 person in remote work,
✅ The employer wants to formally define the rules, equipment, billing, and health and safety procedures.
📌 A regulation is not required in the case of occasional work – up to 24 days a year, upon employee request.
 

🔸 3. Elements of a remote work policy

✅ Mandatory (according to the Labour Code):

  1. Rules for performing remote work (places, form, days of the week)
  2. Method of agreeing on conditions and communication rules
  3. Obligations of the employer and employee
  4. Rules for monitoring work performance and health and safety
  5. Rules for personal data protection (GDPR)
  6. Rules for covering remote work costs, including:
    • electricity,
    • Internet,
    • use of equipment (lump sum or reimbursement of costs)
  7. Specific health and safety rules – according to the regulation


🔸 4. Additional recommended elements 

  • Conditions for revoking consent for remote work,
  • Rules for work reporting,
  • Responsibility for company equipment,
  • Cybersecurity policy (e.g., VPN, screen lock, non-sharing passwords),
  • Obligation to report equipment or network failures,
  • Guidelines for home office ergonomics.


 

🔸 5. Sample regulatory recording (fragment)

Remote Work Regulations – fragment§ 3. Place of performing remote work
 Remote work is performed at a location agreed upon with the employer, indicated by the employee (e.g., place of residence).§ 5. Rules for cost settlement
 The employee receives a lump sum of 50 PLN per month as reimbursement for energy and Internet costs.§ 8. Obligations regarding data protection
 The employee is obligated to use only the equipment provided by the employer, protected by a password and current antivirus software.

📌 The entire regulation should be approved and provided to the employee in writing or electronically (e.g., payroll system, email).
 

🔸 6. Consultation with unions or agreement with employees

  • If there is a trade union in the workplace, the remote work regulations require consultation,
  • If not – it can be introduced independently or a individual agreement with the employee can be concluded (e.g., as an attachment to the contract or annex).

 

📚 Legal Basis

  • Labour Code, art. 67¹–67¹⁹
  • MRiPS Regulation of March 6, 2023, on Health and Safety in Remote Work
  • GDPR – personal data protection
  • Judgments of the Supreme Court and National Labour Inspectorate – practical guidelines
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