{"id":4039,"date":"2018-04-03T09:29:41","date_gmt":"2018-04-03T09:29:41","guid":{"rendered":"https:\/\/millercanfield.pl\/?p=4039"},"modified":"2025-04-14T18:03:46","modified_gmt":"2025-04-14T18:03:46","slug":"telework-employment","status":"publish","type":"post","link":"https:\/\/millercanfield.pl\/en\/telework-employment\/","title":{"rendered":"TELEWORK EMPLOYMENT"},"content":{"rendered":"\t\t
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Telework means work performed regularly off-site from the work establishment using tools of electronic communication. The meaning is therefore the same as what is commonly referred to as remote work. However, the special nature of telework makes it a suitable arrangement for only some types of work.<\/p>

The employee and the employer can make their decision to go with telework in two ways. Firstly, straight away at the conclusion of the employment contract. Secondly, during the employment, by agreement of the parties, on the employee\u2019s or the employer\u2019s initiative. However, the employer may not unilaterally arrange for the employee to perform telework. The employee\u2019s consent to be employed on such a basis is necessary.<\/p>

In order for work to be considered telework, the regularity requirement must be met. So if the employee performs his or her work remotely on a few occasions only, from time to time, e.g., working from home, it should not qualify as telework. However, it is debatable whether or not work performed off-site regularly but over a minority of the working time only (e.g., once a week) can be considered telework. The intention of the legislators did not include that, but since some of the legal commentators currently support that interpretation, each case should be examined in detail on its own merits.<\/p>

The telework arrangement entails a number of obligations for the employer. The employer is, among others, required to:<\/p>

  1. Supply the employee with the equipment necessary to do telework.<\/li>
  2. Insure the equipment.<\/li>
  3. Pay the equipment installation, servicing, operation, and maintenance costs.<\/li>
  4. Provide the teleworker with technical support and the necessary training to operate the equipment.<\/li><\/ol>

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    The above obligations can be regulated otherwise in a separate agreement concluded between the employee and the employer.<\/p>

    As telework is performed off-site, the employer is entitled to monitor the employee on a limited basis and with his or her prior consent. It also needs bearing in mind that the teleworker cannot be treated less favourably than the other employees employed to perform the same or similar work, taking into account the different conditions associated with remote work. The employee cannot be discriminated against in any way for deciding to opt for the telework arrangement or for refusing to be employed on that basis.<\/p>

    However, the fact that the employee performs telework does not release the employer from its obligations relating to occupational health and safety. However, given the specificity of telework, these are limited.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    \n\n\t\t\t\n\t\t\t\t\t\t\u00a9 Miller, Canfield, W. Babicki, A. Che\u0142chowski i Wsp\u00f3lnicy Sp. k.<\/span>\n\t\t\t\n\t\t\t\t\t\t