Labor Law in Poland

Introduction

The rise of remote work has significantly reshaped the modern labor market. Many employees now work remotely for employers based in other EU countries. In response, several EU member states, including Poland, have introduced regulations to address cross-border telework. Below are the key legal aspects of this arrangement.

What is cross-border telework?

Cross-border telework refers to work performed from any location, including the employer’s premises, that:

1. takes place in one or more EU countries other than where the employer is based, and
2. relies on information technology to stay connected to the employer’s work environment, colleagues, or clients to complete assigned tasks.

What are the general rules concerning cross-border telework?

Currently, cross-border telework is regulated by the Framework Agreement on the application of Article 16(1) of Regulation (EC) No. 883/2004. Poland and 21 other EU countries have signed this agreement to create uniform rules for habitual cross-border telework.

What law is applicable?

If an employee works remotely for less than 50% of their time in their country of residence, they remain under the social security system of the employer’s country. Employers and employees can choose the applicable labor law under Regulation (EC) No. 593/2008 (“Rome I”). However, this choice does not waive the employee’s rights under mandatory provisions of the law that would apply if the parties had not selected an alternative jurisdiction. In Poland, most labor law provisions are mandatory.

Who is not covered by the cross-border telework regulations?

The agreement does not apply to individuals who:

1. regularly work in their country of residence but not as teleworkers,
2. perform work outside the agreement’s scope, or
3. are self-employed.

Conclusion

In cases where teleworkers are employed in another country, attention should be paid to the aforementioned issues such as social security and applicable law. An Ecovis labor law specialist can support you in analyzing the situation and preparing the relevant documents.