Amendments to the Labour Code – alcohol testing at work and remote work

by Izabela Prokop​

10 June 2022

The Council of Ministers has adopted a draft amendment to the Labour Code. It will regulate remote work and alcohol testing at work.

Remote work

The Polish legal system will include a permanent definition of remote work, defining it to mean work performed fully or partially in a place chosen by the employee and each time consulted with the employer. The draft provides for both fully remote work and hybrid remote work.

As regards certain employees (pregnant women, parents of children under 4 years of age, parents of disabled children or persons taking care of another member of their immediate family), the employer will have to accept their request for remote work. This solution is intended, among other things, to make it easier to combine family and career life.

In each case, the employer will be required to provide the remote worker with the necessary supplies and work tools. Additionally, he will be required to ensure installation, service and maintenance of the work tools or to cover the costs related to their use. The employer will also be required to cover the costs of electricity and telecommunication services necessary to perform remote work.

The draft, however, allows replacing the obligation to cover those costs or pay a remote work allowance with the obligation to pay a lump sum corresponding to the expected costs incurred by the employee in connection with the remote work.

Alcohol testing at work

According to the amendment to the Labour Code, the employer will be able to check employees for whether they are under the influence of alcohol or other similar substances. The check will have to be justified by the need to ensure the protection of life and health of workers, other persons or property.

Not only the police, but also the employer will be able to carry out the check. If an employee is found to be under the influence of alcohol or other substances, the employer will have to order that the employee stop working. Similar consequences are planned whenever there is a justified suspicion that an employee:

• came to work under the influence of alcohol or a substance having a similar effect
• consumed alcohol or used the above-mentioned substances while at work.

The above solution is to increase the safety of employees and protection of property.

The Rödl & Partner experts will keep you posted about all developments regarding this subject.