The global spread of the coronavirus pandemic necessitated the implementation of measures aimed at reducing the number of infections and the extent of the pandemic. Recommendations to minimize leaving one’s place of residence may seem to conflict with the need to perform professional duties and maintain business operations. Fortunately, in an era of internet accessibility and a wide range of remote services, many work tasks can be performed without the need for physical presence at a fixed workplace. To facilitate the adoption of solutions allowing employers to limit social mobility while maintaining business continuity, the legislator introduced the possibility of assigning employees so-called “remote work.” Concerned about the safety of their teams and clients, more and more employers are choosing this option.
How Long Can Remote Work Be Implemented?
Pursuant to the regulations introduced in response to the epidemic under the Act of March 2, 2020, on Special Solutions Related to the Prevention, Counteraction, and Eradication of COVID-19, Other Infectious Diseases, and Crisis Situations Caused by Them, in order to combat COVID-19, an employer may instruct an employee to perform work specified in the employment contract outside its permanent place of performance (remote work) for a specified period. The instruction to perform remote work should be time-limited but may be extended or shortened as necessary. Currently, the maximum period is the duration of the act in this regard, which is 180 days from the date of its entry into force.
How Should Employees Be Notified About the Introduction of Remote Work?
The legislator does not specify the form in which employees must be notified about the instruction to perform remote work, nor does it require a written form. Therefore, such an instruction may be given in any form; however, it is recommended not to rely solely on an oral instruction due to potential future evidentiary difficulties. Sending such information via email or another communication channel commonly used by the employer is considered sufficient.
Can an Employee Refuse Remote Work?
An employee cannot refuse to perform remote work. Moreover, remote work does not have to be carried out at the employee’s place of residence but only outside the employee’s permanent workplace. Therefore, the employee’s living conditions should not generally be an obstacle to the employer’s instruction to perform remote work. Failure to comply with the instruction to perform remote work may be considered a violation of employee duties, leading to disciplinary measures provided for in the Labor Code.
Remote Work and Occupational Health and Safety (OHS)
It is important to note that remote work does not exempt the employee from the obligation to ensure occupational health and safety (OHS), nor does it limit the employer’s duty to provide safe working conditions. Ensuring occupational health and safety is one of the employer’s fundamental obligations. In practice, the ability to inspect an employee’s remote workstation is limited, and making changes to it is often impossible. It is recommended that employees undergo OHS training or be provided with relevant informational materials (e.g., on recommended monitor settings, screen time breaks, etc.). This will help the employer fulfill their obligations while also ensuring the quality of work and the health of employees.
Remuneration for Remote Work
Employees are entitled to their full salary for the duration of remote work. The legislator has not introduced any mechanisms allowing for a reduction in an employee’s salary due to remote work, meaning that the employee retains the same remuneration as before.
Monitoring Remote Work
Lastly, it is worth emphasizing that remote work does not formally limit the employer’s ability to supervise the work performed by the employee. This mode of work is not a form of leave for the employee and requires the fulfillment of job duties in accordance with the employee’s responsibilities and the employer’s instructions. In particular, the employer has the right to require availability and the performance of professional duties during working hours. Failure to perform work-related duties may serve as a basis for disciplinary action against the employee.
At the same time, given the current circumstances, it is advisable to maintain a degree of flexibility that will allow both parties to the employment relationship—the employer and the employee—to navigate this period of extraordinary measures during the coronavirus pandemic and smoothly return to regular work once it concludes.
