Miejsce wykonywania pracy w świetle przepisów prawa pracy
Work performance in the light of the Labour Law provisions

Summary/Abstract: The paper discusses legal provisions related to temporary work, telework and remote work in the context of the place of performance of the work. The author holds the view that the essence of the mentioned forms of carrying out work lies in the location of the place of performance of the work outside the employing establishment, including at the place of the employee’s residence, and consequently in its flexibilisation. Nevertheless, the said flexibilisation of the place of performance of the work does not raise the need to modify the traditional concept of the employment relation (Article 22 of the Labour Code). According to Article 6718 of the Labour Code, the place of performance of the work indicated by the employee and acceded to by the employer constitutes the only obligatory premise that determines remote work. Where the agreement between the parties to the employment contract on the performance of the remote work is made upon the conclusion of the contract (Article 6719 § 1 point 1 of the Labour Code), the circumstance that the agreed place of performance of the work was indicated by the employee should unequivocally be deducible from the wording of the said contract (Article 29 § 1 point 2 of the Labour Code). In the case where the agreement between the parties to the employment contract on the performance of remote work was made in the course of the employment (Article 6719 § 1 point 2 of the Labour Code), the circumstance that the agreed place of work was indicated by the employee should be reflected in the wording of the mutual consent between the parties to the employment contract.

• Details
• Contents