Documents Kobroń-Gąsiorowska, Łucja 2 results

"The concept of “remote work” in Poland appeared in connection with the introduction of the epidemic in March 2020. The provisions of the anti-covid-19 act in article 3 introduced remote work, which excluded the practical significance of telework, currently regulated in the Labor Code due to the pandemic. The new vision of remote working in Poland assumes the voluntary nature of remote work by the parties and its obligation in emergencies. This is the basic premise of the proposed regulations. The current provisions on teleworking ensure full freedom of the parties to the employment relationship in the field of remote or stationary work. However, the Polish legislator is looking for an alternative to telework based on labor law provisions, which, as this article will show, is a complicated procedure because the difference between remote work and teleworking is slight. The author analyzes and evaluates the current model of teleworking in the Labor Code and the model proposed by the legislator in the draft amendment. At the same time, the article aims to answer the remote working model in Polish labor law."

"The labor law regulations in force in Poland define two groups of "employees". The first group includes employees performing work within the meaning of Art. 2 of the Labor Code. The second group consists of those to whom the Polish legislator gradually grants certain "employee" rights, i.e. contractors and beneficiaries. At the same time, despite the COVID-19 pandemic, the number of self-employed and working on digital platforms has increased on the Polish labor market, creating a fiction of mandate. Digital employees in Poland sign a mandate contract for three hours a week, and the rest of the remuneration results from the vehicle rental contract, which allows you to avoid almost all public law obligations. The entire scope of the provisions of the Polish Labor Code applies only to employees. As for other working people, in particular the analyzed employees of digital platforms, they are forced to run a business or conclude vehicle rental or mandate contracts and are treated as such by the legislator, i.e. either as self-employed or as a form of semi-independent work. The author of the paper tries to indicate the appropriate model of protection of these employees in Polish labor law"