🔹 Introduction 

As of April 7, 2023, remote work has been permanently incorporated into the Labor Code. The new regulations comprehensively govern both full remote work and the hybrid model. In this article, we present the obligations of the employer, the rights of the employee, and the required documentation.
 

🔸 1. Definition of Remote Work

According to Article 67(18) of the Labor Code:

Remote work is work performed in whole or in part outside the employer's premises, at a location agreed upon with the employee and using electronic communication means.

This applies to both:

• permanent remote work and
• hybrid work, which is performed partly remotely and partly on-site.

🔸 2. Types of Remote Work

✅ a) Agreed upon at the time of contract signing

– At the stage of signing the employment contract, the parties agree that the work will be done remotely.

✅ b) Agreed upon during employment

– At the request of one of the parties, after agreeing on the conditions.

✅ c) Remote work at the employer's request (exceptionally)

– Possible in specific situations, e.g., during an epidemic, force majeure, during the first 3 months of pregnancy – if it is consistent with the nature of the work.
 

🔸 3. Organizational Principles

🧾 Mandatory documents:

• Remote work regulations (or an agreement with the trade union),
• Individual agreement with the employee (if there are no regulations),
• Employee's statement about the workspace and technical conditions,
• Data protection principles,
• Health and safety instructions and a declaration of their understanding.

🔸 4. Employer's Obligations

The employer is required to:

• provide the employee with the necessary tools and materials (or establish the rules for using personal ones),
• cover the costs of electricity, internet, and equipment maintenance (form: lump sum or reimbursement),
• provide IT support,
• enable monitoring of working conditions and compliance with data protection principles,
• keep records of remote work hours (form established in the regulations).

🔸 5. Hybrid Work 

🔄 What is it?

• It is a form of partial remote work, which can be carried out, for example, 2 days remotely and 3 days on-site.
• It is regulated by exactly the same set of regulations as full remote work.

📅 Schedule:

• The parties may establish a weekly or monthly schedule in advance, or introduce rules for reporting remote days (e.g., through the HR system).

🔸 6. Protected Groups – Right to Remote Work

 
According to the Labor Code, the employer generally cannot refuse remote work to, among others:

• parents of children up to 4 years old,
• pregnant women,
• individuals caring for a family member with a certified disability,
• individuals with a disability certificate.

Refusal is only possible for justified organizational reasons and must be documented in writing.
 

🔸 7. Control and Security

🔍 The employer may:

• conduct a work and health and safety inspection at the remote work location (after prior agreement),
• monitor compliance with data protection (e.g., documents, equipment, access to systems),
• must not violate the employee's privacy.

📄 Document Templates (for implementation):

✅ Remote Work Regulations
 ✅ Remote Work Agreement
 ✅ Employee's Statement on Workspace Conditions
 ✅ Rules for Using Personal Equipment
 ✅ Application for Occasional Remote Work

📚 Legal Basis:

• Labor Code, Articles 67(18)–67(33)
• Act of December 1, 2022 amending the Labor Code (Journal of Laws 2023, item 240)
• Regulation on Health and Safety in Remote Work (Journal of Laws 2023, item 423)

✏️ Summary

Remote and hybrid work are now fully regulated forms of employment. The employer cannot implement them "informally" – specific documents, regulations, and cost benefits are required. A well-prepared remote work system not only meets legal requirements but also improves employee satisfaction and the operational efficiency of the company.