Teleworking - characteristics and its introduction in the workplace
A teleworker is a person who performs work regularly outside the workplace. Teleworking is based on the use of electronic means of communication within the meaning of the provisions on the provision of electronic services, by means of which the results of work are communicated to the employer. They also mediate communication between the teleworker and the employer.
Teleworking - elements of the employment contract
Teleworking, just like the traditional employment relationship, is characterized by remuneration, personal work performance and subordination to the employer. The teleworker is obliged to provide the employer with the results of his work using electronic means of communication.
An employment contract with a teleworker should contain all the elements required to conclude a traditional employment contract:
type of work,
place of work,
the amount of remuneration for work,
date of commencement of work.
In addition, the teleworking contract should include the conditions for performing work outside the employer's premises, the method of using electronic communication and arrangements for the transfer of work results.
The teleworker may not be discriminated against in terms of establishing and terminating the employment relationship, terms of employment, promotion or access to training aimed at improving professional qualifications, taking into account the differences related to the conditions of performing work in the form of telework.
Teleworking and its implementation in the workplace
When introducing teleworking in a company, this information should be included in internal regulations, such as work regulations or a collective labor agreement. Internal legal acts should be adapted to the newly introduced employment rules.
An employment contract in the form of telework may be introduced when concluding a new employment contract or during employment, then the change is introduced by an annex to the employment contract.
The employer has the right to define the rules for the protection of data transferred and processed by the teleworker, then the teleworker should be trained in data protection. Data protection training shall be confirmed by the teleworker in writing.
Provision of teleworking equipment
The employer is obliged to provide the teleworker with the equipment necessary to perform work in the form of telework, as well as cover the costs related to its installation, insurance, servicing, operation and maintenance. He should also provide the employee with technical assistance and training in the use of shared equipment.
The employer has the right to control the performance of work by the teleworker. However, it should be taken into account that if the teleworker performs work in the place of residence, the employer should obtain prior written consent from the employee to carry out checks on:
installation, inventory, maintenance, service, repair of shared equipment,
in the field of occupational health and safety.
The inspection may not violate the privacy of the teleworker and his family.