POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
The results of the employee’s work are usually com - municated by means of remote communication – eg, telephone, email. Ordered Remote Work Ordered remote work may be performed on an employer’s instructions: • during the period of a state of emergency, epidem - ic threat or epidemic, and within three months after their revocation; and • during the period in which it is temporarily not pos - sible for the employer to provide safe and healthy working conditions at the employee’s current work - place due to force majeure – eg, during a natural disaster. Occasional Remote Work Remote work may be performed occasionally at the request of an employee in paper or electronic form in an amount not exceeding 24 days in a calendar year. Agreed Remote Work The most common basis for remote work is an agree - ment between an employer and an employee, which may be made either when concluding the employ - ment contract or during the course of employment. An agreement on remote work when concluding an employment contract should be made in writing, while an agreement during the course of employment may be made in paper or electronic form – eg, by email or text message. Employer’s Obligations In connection with remote work, an employer is gener - ally obliged to: • define the rules for remote work, as well as the requirements for information security and protec - tion and the procedures related to personal data protection; • implement occupational health and safety require - ments to the extent resulting from the type and conditions of work performed; • provide the employee with work materials and tools, installation, service, maintenance of work tools, and the training and technical assistance necessary to perform remote work; and
• cover costs directly related to remote work – eg, electricity or internet costs. It is important to note that, in the case of occasional remote work, the above obligations do not apply, except for those related to occupational health and safety and personal data protection procedures. How - ever, it is recommended to also regulate the rules for performing remote work in the case of occasional remote work. 5.2 Sabbaticals General Rule In general, the Polish Labour Code does not regulate sabbatical leave – understood as longer, paid leave for employees to rest, travel, engage in activities outside their usual work, or for personal development. If employees need a longer break from work, they can take: • training leave when improving their professional skills; and • unpaid leave in other cases. Improving Professional Qualifications The Polish Labour Code regulates the improvement of professional qualifications by employees. Improving professional qualifications means acquiring or sup - plementing knowledge and skills by an employee. Employee Rights These include: • the right to training leave or time off from part or all of the working day to attend classes while retaining the right to remuneration – if an employer initiates the improvement of qualifications by an employee or agrees to the improvement of professional quali - fications; and • the right to unpaid leave or exemption from all or part of the working day without the right to remu - neration – if an employee improves their profes - sional qualifications on their own initiative. Unpaid Leave On the written request of an employee, an employer may grant unpaid leave to such employee. The period
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