On December 1, 2022 the lower chamber of the Polish Parliament adopted a new bill introducing possibility of testing the sobriety of employees and new remote work. The new bill was sent to the higher chamber of the Polish Parliament and it is expected that it becomes a new law in a few weeks.
Sobriety testing: new law will regulate preventive testing of employees for the presence of alcohol or drugs having similar effects to alcohol.
The testing will be possible due to ensuring the protection of life and health of employees or the protection of property.
The group of employees covered by the testing is to be defined in advance in work regulations (or the Collective Bargaining Agreement). Employees will be also separately informed of the possibility of testing.
Non-employer entrepreneurs who organize work performed by individuals on a basis other than employment or self-employed individuals will be also entitled to conducted sobriety tests.
New remote work: new law will replace the current telework regulated in the Polish Labour Code and special rules on remote work orders issued under the so-called anti-Covid law.
Performance of remote work will require agreements between an employee and an employer concluded before or during employment. Such agreements can be initiated by both parties of the employment relationship, while the request for introduction of remote work of certain groups of employees (e.g., pregnant employees, employees raising a child up to the age of 4) will be binding for an employer, unless its acceptance is not possible due to the organization of work or the type of work performed.
The general rules of remote work, applicable at particular employer, will need to established in agreement with trade unions (consultations are expected to last up to 30 days) or in regulations after consultation with elected employee representatives (if there are no trade unions in the company).
Remote work orders: an employer will be able to unilaterally order remote work only during the period of the state of emergency, epidemic threat or epidemic state, and for 3 months after their cancellation, or during the period when, due to force majeure, the provision of safe and hygienic working conditions is temporarily impossible. The condition will be the submission of a paper or electronic statement by an employee that an employee has the housing and technical conditions for remote work. An employer will be able to revoke the above-mentioned order with at least two days’ notice.
Occasional remote work: it is expected that the new law will also introduce new type of remote work, less formalized that will be allowed to perform by employees for the specified period of days per year (24 or 30 days – this is to be yet determined by the Polish Parliament). This mode will require a request from an employee.
Remote work materials and costs: Employers will be required to provide employees with materials and work tools, including technical equipment, necessary for the performance of remote work and to cover costs directly related to the performance of remote work (including, e.g., increased consumption of electricity or Internet connection). An equivalent will need to be paid by an employer to an employee for the use of private tools. Alternatively, it will be possible to establish a lump sum. They will be exempted from taxes.
Entry into force: New regulations regarding sobriety testing are expected to take effect 14 days after the new law is announced.
The regulations on remote work will take effect two or three months after the date of announcement, with a six-month transition period for the continued use of telework regulated by the Labor Code.
This article was first published by our Polish member firm Zawirska Ruszczyk. Reach out to Zawirska Ruszczyk’s experts for any employment related questions and contact our representatives Patrycja Zawirska or Grzegorz Ruszczyk.
