According to the draft of the new regulations, the document circulation in remote work can be entirely electronic. 

All employee documentation arising from remote work can be prepared (and signed) electronically.

This is a significant novelty compared to today's telework.

The electronic form of documentation is to include not only the agreements under which the parties agree on the introduction of remote work, but also the mandatory employee statements and, unusually, any employee requests required by the provisions of the Labour Code or the provisions of other laws or executive acts, defining the rights and obligations under labour law, to be made in writing.

Such requests may pertain to, among other things, parental leaves.

This is another brick in the digitization of employee documentation.

Although it's worth remembering that employers have had the option of keeping all employee documentation electronically already for 3 years now. 

This proposed change also introduces significant obligations for employers. 

First, the employer should ensure that the technical devices used are compliant with information security and protection rules, including personal data protection procedures.

This is particularly important given that employees will be sending electronically various types of requests, including those involving sensitive, special-category data (e.g. pertaining to the employee’s health).

It will also be necessary to provide adequate instruction and training in this regard, which, according to the proposed amendment, will be the employer's responsibility. 

Second, the employer should adequately review the tools used from a technical, organizational and legal perspective.

It will be good practice to conduct a risk assessment of the IT solutions adopted, as well as document circulation instructions.

This will increase the efficiency and accountability of HR processes and minimize the risks on the employer's side.

Third, it is important that the chosen technical tool allows the content of the employee's submitted declaration of intent to be found, reproduced, and, if necessary, copied or printed by the employer at any time.

The tool should also provide an appropriate level of assurance about the identity of the person making the statement. 

Fourth, care should also be taken to properly secure and archive the requests submitted by the employee, in accordance with the retention period and retention rules.

These requirements, as a rule, are not met by company e-mail, so this tool should not be a systemic solution ultimately used by employers.

Therefore, it is worthwhile, before implementing such a solution, to make analyses in the aforementioned area.  

Find more in the PRO HR July 2022.