Last night Sejm passed the Act on remote work and sobriety checks. Now we are waiting for the Senate's position. 

1.    Remote Work:

• regulations will be effective as of 2 months of their announcement in Journal of Laws, 
• employer will bear costs of remote work,
• employee must submit a lot of statements,
• remote work on order is allowed during epidemic emergency state and 3 months after. Covid remote work will no longer apply!
• employer must implement remote work regulations. It must be consulted with employees’ representatives.
• if there are trade unions, remote work rules must be agreed in an agreement. After 30 days, they can be introduced independently.
• parents of children up to 4 years and pregnant employees can apply for remote work,
• there will be occasional remote work, up to 24 days a year, without a lot of paperwork and costs for the employer.

2.    Sobriety and drugs check:

• regulations will be effective as of 14 days of their announcement in Journal of Laws,
• check can be applied to protect life and health of employees and other persons or to protect property,
• there will be 2 forms of checks: preventive and in case of suspicion (!),
• we keep the test documents in the personnel file,
• without „0 tolerance” rule (!): the result less than 0.2‰ or 0.1 mg - the person is considered sober and the result of the test cannot be in the personnel file
• employer must regulate rules of checks in the Work Rules, Collective Bargaining Agreement or Announcement, 
• employer must indicate groups of employees under checks, manner of checks, type of device, time and frequency of chekcs, 
• employer must notify employees on implementing checks 2 weeks in advance, 
• checks will be applicable also to contractors – but only if employer is the party of the contract.

The Act will now be proceeded by the Senate.

Should you have any questions regarding the above, please contact us