Occasional remote work in 2023 - new regulations and rules

**The new regulations on occasional remote work take effect on April 7, 2023. Find out if you can benefit from occasional remote work and what conditions must be met to work from home when necessary.

1. Occasional remote work - what is it?
2. Occasional remote work - when does it apply?
3. Dimension of occasional remote work
4. Procedure for requesting occasional remote work
5. Employer's obligations related to occasional remote work
6. FAQ:
   1. Do unused remote occasional work days carry over to the next calendar year?
   2. Does the dimension of remote occasional work depend on the working hours?
   3. Can I use remote occasional work "continuously", without breaks?
   4. Can any employee benefit from occasional remote work?
   5. If I change employers during the calendar year, will I receive a new pool of 24 days of remote occasional work?
   6. Can an employee who partially performs remote work on a general basis apply for remote occasional work?
   7. Do I need to justify a request for occasional remote work?
   8. Can an employer reject a request for occasional remote work?
   9. How do I submit an application for occasional remote work?

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Occasional remote work - what is it?

Occasional remote work involves the performance of official duties by an employee outside the regular workplace. This form of remote work is possible at the request of the employee and is incidental in nature. You will find the regulations concerning it in the latest amendments to the Labor Code.

Occasional remote work - when does it apply?

New regulations on occasional remote work became effective on April 7, 2023.

Dimension of occasional remote work

In the case of occasional remote work, the working time dimension is 24 days per calendar year and is the same for each employee, regardless of seniority, the period of time worked in a calendar year or the working time dimension.

Procedure for requesting occasional remote work

In order to take advantage of occasional remote work, the employee must obtain permission from the employer. For this purpose, the employee submits a paper or electronic application. The employer is not required to approve occasional remote work.

Employer's obligations related to occasional remote work

Despite the incidental nature of remote work, in connection with its performance by the employee, the employer has certain obligations, such as:

• to determine the method of communication with the employee remotely
• acquainting the employee with procedures for protecting information, personal data and RODO
• assessing the occupational risks associated with remote work and developing health and safety policies
• equality of treatment and non-discrimination of the remote worker.

FAQ:

Do unused remote occasional work days carry over to the next calendar year?

No, unused days are forfeited.

Does the dimension of remote occasional work depend on the working hours?

No, the dimension of remote occasional work is independent of the working hours.

Can I use remote occasional work "continuously", without breaks?

Yes, the regulations do not set a limit on the number of days you can use remote occasional work. However, the employer may make its own regulations in this regard.

Can any employee benefit from occasional remote work?

No, in some companies there may be jobs that require the physical presence of the employee in the office/factory, etc. The employer should include this in the regulations.

If I change employers during the calendar year, will I receive a new pool of 24 days of remote occasional work?

Yes, as of today when you change employers you start with the full pool of 24 days.

Can an employee who partially performs remote work on a general basis apply for remote occasional work?

Yes, the Labor Code does not prohibit such a request.

Do I need to justify a request for occasional remote work?

No, the Labor Code does not impose an obligation to justify the request.

Can an employer reject a request for occasional remote work?

Yes, the employer is not required to accept requests for occasional remote work.

How do I submit an application for occasional remote work?

The application can be submitted on paper or electronically, such as by email or through a business application.

Occasional remote work can be an ideal solution when you need to stay at home, but are still able to work. Vacations are better saved for rest.

*This post is for informational purposes. For legal or accounting advice, go to your lawyer/accounting office.