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Remote work and the Labor Code. Members to settle this issue

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The deputies were in favor of introducing remote work to the Labor Code. According to the adopted regulations, remote work can be performed completely or partially in a place indicated by the employee and agreed with the employer each time. In addition, employers will be able to introduce sobriety checks on employees.

430 deputies voted for the amendment to the act, 12 deputies voted against it, no one abstained.

Remote work in the Labor Code. MPs for

Earlier, the Sejm rejected the motion of the Confederation to reject the project in its entirety. The Sejm also did not accept the amendments of the Civic Coalition, which assumed the extension of vacatio legis from two to three months and the definition of the “occasional remote workup to 30 days in a calendar year.

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The amendment introduces a definition of remote work to the Labor Code, according to which it will be the performance of work wholly or partially in a place indicated by the employee and agreed with the employer each time, including at the employee’s residence address, in particular using means of direct remote communication.

The amendment provides for both full and hybrid remote work, depending on the needs of a specific employee and employer, as well as the possibility of instructing an employee to work remotely in specific cases. This includes the duration of the state of emergency, state of epidemic or fire or flooding in the workplace.

The adopted amendment stipulates that remote work may also be performed occasionally, at the employee’s request submitted in paper or electronic form, for a period not exceeding 24 days in a calendar year. Remote work in this form will be used in incidental circumstances, justified only by the employee’s need. An example may be the need to care for a family member in need of emergency support.

According to the amendment, the employer, as a rule, will not be able to refuse to work remotely, e.g. parents who bring up a child up to the age of 4, parents and guardians who take care of a person with a disability in the family and pregnant women. Unless it is impossible due to the organization of work or the type of work performed by the employee, e.g. uniformed services.

Sobriety check

In addition, the regulation assumes that employers will be able to introduce employee health checks – or control for the presence of substances acting similar to alcohol, when it will be necessary to ensure the protection of life and health of employees, other people or property.

The employer will be obliged to prevent an employee from working if the presence of alcohol or a substance acting similarly to alcohol is detected in the body. This also applies to the case when there is a justified suspicion that the employee came to work intoxicated, after using alcohol or an alcohol-like substance, or consumed alcohol or took these substances during work.

The police will also be able to test the employee’s sobriety and test for the presence of substances acting similar to alcohol in his body.

Main photo source: Shutterstock

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