Telework is allowed until 7 October 2023. After that date, it must be replaced by remote work.

However, the change from telework to remote work does not occur by law. Employers must complete the paperwork to remove telework. This applies both to intra-company acts, in particular telework regulations, and to change in the conditions of employment of teleworkers.

Offering teleworkers remote work in most cases took place by mutual consent of the parties. In the absence of the employees' consent to the agreements, some of the employers decided to give the employees amendment termination notices. This raises the question of whether employees who objected to the change in the employment conditions in connection with the change from telework to remote work will be entitled to severance pay under the act on special rules for termination of employment for reasons not attributable to employees.  

There is no court case law in this regard yet. We believe that the employee's refusal to accept new employment conditions in connection with the change in the legal status can be considered as the employee's contribution to the termination of the employment relationship, so severance pay will not be due. Nevertheless, it should be verified in each case whether, in connection with the aforementioned change, there is no modification of the relevant employment conditions (e.g. from fully remote work to hybrid work). Then the payment of severance pay, depending on the circumstances of the specific case, may be necessary.

Find more in the PRO HR August 2023