What is a remote work agreement?
A remote work agreement is a document or contractual arrangement that defines the conditions under which an employee performs work outside the employer’s premises, in particular from home or another agreed location. In Polish employment law, remote work is regulated by the Polish Labour Code, including the provisions concerning the performance of work wholly or partly at a place indicated by the employee and agreed with the employer each time, using means of direct distance communication.
A remote work agreement may take different forms. It can be included in the employment contract, introduced as an amendment to an existing contract, agreed during employment, or reflected in internal remote work regulations. In practice, the correct form depends on the employer’s internal structure, whether employee representatives or trade unions operate at the workplace, and whether remote work is regular, hybrid, or occasional.
The purpose of a remote work agreement is not only to confirm that remote work is permitted. It should also allocate responsibilities between the employer and the employee, reduce uncertainty, and ensure compliance with employment, health and safety, data protection, confidentiality, and working time rules. A well-drafted agreement helps prevent disputes about workplace accidents, equipment, costs, availability, performance control, and protection of business information.
What does a remote work agreement cover?
A remote work agreement usually specifies the location or method of determining the location of remote work, the scope of work performed remotely, the rules for communication with the employer, and the arrangements for reporting tasks and working time. It should also address whether remote work is full-time, hybrid, or limited to specific days or circumstances.
Important elements include the provision, use, and maintenance of work equipment. The agreement should clarify whether the employer provides a computer, phone, software, access tools, and technical support, or whether the employee may use private equipment under agreed conditions. Where private equipment is used, rules should address security standards, reimbursement, and the separation of business and private data.
Another key issue is the reimbursement of costs connected with remote work. Under the Polish Labour Code, employers are required to provide materials and work tools necessary to perform remote work and to cover certain costs related to remote work, including electricity and telecommunication services to the extent applicable to the performance of work. In many cases, this is regulated through a lump sum or equivalent payment, provided that the method of calculation reflects expected costs.
A remote work agreement should also include rules on occupational health and safety. The employer remains responsible for ensuring legally required standards, while the employee is usually required to confirm that the remote workplace meets the applicable conditions. The agreement should define how health and safety instructions are provided, how accidents are reported, and how the employer may verify compliance without infringing the employee’s privacy.
Data protection and confidentiality are equally important. Remote work increases the risk of unauthorised access to documents, devices, correspondence, and internal systems. For this reason, the agreement should refer to information security policies, password rules, secure connections, document storage, restrictions on printing, and procedures for reporting incidents. In some organisations, remote work arrangements should also be coordinated with GDPR documentation and internal compliance procedures.
When is a remote work agreement needed?
A remote work agreement is needed when an employer allows an employee to perform work outside the office on a regular or recurring basis. It is particularly important in hybrid work models, cross-border work situations, roles involving confidential information, and positions requiring access to company systems, client data, financial records, trade secrets, or intellectual property.
Employers should consider formalising remote work before it becomes routine. Informal arrangements may appear convenient, but they often create uncertainty about working time, employee availability, overtime, workplace inspections, cost reimbursement, and liability for equipment or data breaches. They may also complicate disciplinary action or termination if expectations were never clearly documented.
Employees may also benefit from a clear agreement. It allows them to understand where they may work from, what costs are covered, what equipment they may use, how performance is assessed, and when the employer may require presence in the office. In regulated or sensitive sectors, a documented arrangement can protect both parties by showing that remote work was organised in a lawful and controlled manner.
A quick consultation with a lawyer before implementing or signing a remote work agreement can help avoid drafting errors, inconsistent internal policies, disputes with employees, labour inspection objections, data protection incidents, or financial exposure connected with incorrect reimbursement rules. Legal review is especially useful when the employer operates in several jurisdictions, employs management staff, processes sensitive data, or intends to introduce remote work for a larger group of employees.
Legal support in relation to remote work agreements
Legal support in the area of remote work agreements may include in particular:
- preparing remote work agreements, amendments to employment contracts, and hybrid work clauses;
- drafting remote work regulations, policies, employee statements, and internal procedures;
- reviewing cost reimbursement models, lump sum mechanisms, and equipment rules;
- advising on occupational health and safety obligations connected with remote work;
- assessing data protection, confidentiality, cybersecurity, and trade secret risks;
- supporting employers in consultations with employee representatives or trade unions;
- advising on remote work for managers, specialists, and employees working from another country;
- assisting in disputes concerning remote work, working time, accidents, equipment, or termination.
Need assistance with a remote work agreement? Contact us.
See also
- Employment Contract
- Dismissal
- Intellectual Property
- Commercial Law