The issues of telework and remote work are regulated in different legal acts. The definition of teleworking is included in the labor code. Pursuant to Art. 675 § 1 of this code: „work may be performed regularly outside the workplace, using electronic means of communication within the meaning of the provisions on the provision of electronic services”.
On the other hand, the definition of remote work is included in the Act of March 2, 2020 on special solutions related to the prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them. Pursuant to Art. 3 sec. 1 of this Act: „during the period of the epidemic threat or epidemic state announced due to COVID-19, and within 3 months after their cancellation, in order to counteract COVID-19, the employer may commission an employee to perform, for a specified period of time, the work specified in an employment contract, outside the place of its permanent performance „.
Therefore, it follows that teleworking may be performed by agreement of the parties, i.e. in this case the employer and the employee. On the other hand, remote work is performed as a result of the employer’s order.
Moreover, in the case of performing remote work, the employer is obliged to provide the employee with all the tools necessary to perform this work. On the other hand, in the case of teleworking, the conditions for its application are regulated by an agreement between the employer and the workplace trade union organization.