Remote work in Poland is now official

In the Polish legislature a few years ago, remote work was like a yeti. There were rumors that it existed (e.g. in the IT industry), but hardly anyone had seen it in real life. However, after the pandemic, many companies did not return to their offices or chose to work in a hybrid mode (3+2). This was not surprising as employers could save a significant amount of money through remote work, including renting and maintaining office space, and heating the office. Employees have also appreciated the fact that they do not waste time and money on commuting, which translates into more time to participate in family life. Furthermore, many have appreciated the flexibility of working hours and the ability to work from anywhere. After all, if you can work from anywhere, why not work from somewhere extraordinary? With today's technology, people can connect anytime, anywhere, and to anyone in the world. Some individuals have even planned "workcations," which combine work and vacation in charming places, without informing their employers.

Oops, it’s regulated now

The effort to amend the labor law in Poland took quite a while and ended only at the beginning of this year. Apart from the new definition of “work” – understood as the complete or partial performance of duties in a place indicated by the employee and within a time agreed with the employer, including at the address of residence – the new law also introduces occasional remote work upon request to perform duties remotely (24 days a year). An employer’s refusal to accept an application for occasional remote work cannot be discriminatory (due to, among others, gender, age, religion, etc.). 

The entry of new regulations into force also creates new obligations. For full-time employees, employers will have to provide materials and work tools (a computer and perhaps even an armchair), cover the costs of installation, service, operation, and maintenance of work tools, electricity costs, and necessary telecommunications services. They must even cover other expenditures, such as electricity consumption and Internet,  directly related to remote work. Additionally, the employer must provide the training and technical support required to perform remote work, i.e., the current costs associated with remote work have been transferred to the employer. In the act, these costs are listed in an open catalog. Exactly which costs will be covered by the employer will be regulated by an agreement between the employer and the employees, which is why all companies in Poland must now update their regulations, policies, and standards.

Challenges and threats

Companies are intensively preparing for the implementation of changes and have expressed doubts about how to apply certain aspects in practice. These doubts concern unspecified issues, such as how 24 days of occasional remote work are to be counted in the event of a change of employer. There are also other challenges. Remote work does not release the employer from obligations concerning defining personal data protection procedures and conducting training in this area, ensuring appropriate health and safety conditions, controlling the performance of remote work, health and safety, and information protection. It seems that in some cases the costs will be so high that some companies may force people back into their offices.

The Polish remote labor law has been drafted in such a way that putting formalized remote work into effect will require the preparation of extensive documents and statements. The most extreme opinions assess this act as a punitive measure, passed only for the purposes of wringing additional money out of employers as an additional tax. For its supporters, remote work offers a certain measure of freedom–it offers an escape from regulations, and formal dress codes. However, with so many strings attached, many companies may start to consider remote work as a last resort and not an element of corporate culture. 

To work remotely or not to work remotely?

From time to time, we see employees arranging yoga sessions at home during working hours. Seeing this, the financial giants like Facebook, Tesla, and Goldman Sachs – urge employees to return to offices, claiming that remote work is an aberration. They also raise the concern, that the lack of conversations in the corridor may inhibit innovation. Not without reason. In teamwork, silence isn’t golden; it’s lethal. Perhaps the office should exist for socializing and spending time with colleagues. At least that’s what Prithwiraj Choudhury, a Professor at Harvard Business School suggests. 

On the other hand, Nicholas Bloom from Stanford, together with other researchers, has been conducting research on remote work since 2020. Recent results show that people working from home are 9% more efficient than those working in the office. However, data quoted by the British weekly "The Economist" indicates the opposite - that remote work reduces employees' efficiency despite working longer hours. So, which should we believe? Investigating the phenomenon of remote work is not easy, especially since it’s not always about the employee. Work efficiency also depends on management and on the technology people work with. 

Remote work has the potential to antagonize employees and employers, as can be seen from the arguments on both sides. It’s interesting how humans are able to interpret things based on their own version of reality. Clearly, there is no golden mean or “one-size-fits-all” solution to this matter.