Legal counsel Dominik Bala took up the subject of the application of the Act of 24 July 2015 – the law on assemblies in the context of damages caused during…
Legal advisor Dominik Bala provided a commentary for the innpoland.pl portal on the legal conditions of performing remote work.
The publication is available at the link:
https://innpoland.pl/191783,praca-na-dwoch-etatach-polacy-chowaja-sie-w-lazienkach-z-laptopami
We invite you to read the article..
Remote work has gained popularity starting in 2020. Remote work undoubtedly has many advantages – it reduces costs both on the part of the employer and the employee. For the employee, remote work also saves time, which he does not have to spend on commuting.
According to some employers, it has recently become increasingly common for an employee to combine work for the employer with a b2b contract with an entity other than the employer.
With an employment contract with one entity, the employee gets all the benefits of an employment relationship. By entering into a b2b contract with another entity, on the other hand, the “employee” obtains an additional source of income.
The fact is that no law prohibits the simultaneous performance of work under an employment contract and the provision of services under b2b contracts to an entity other than the employer. The prohibition on providing services to other entities during the period of employment with the employer may result from a non-competition agreement.
If a non-competition agreement is not in place, the employee has the right to earn on a b2b contract with an entity other than the employer.
However, it should be noted that during the time that is the employee’s working time according to the employment contract, the employee should be at the disposal of the employer.
As pointed out by attorney Bala in a statement to innpoland.pl:
Working time is the time during which the employee is at the disposal of the employer. Thus, working time should be spent doing work and not for one’s own activities. In other words, the employer pays the employee for work, but also for the time spent. In addition, in order to be said to be at the employer’s disposal, the employee should maintain the psychophysical ability to perform the assigned tasks. If an employee is running his own business in parallel, he may not be at his best to properly carry out his basic duties. Thus, despite formally showing up for work, the employee may be considered not ready to perform tasks,” Dominik Bala, legal counsel at Capital Legal Law Firm, points out in an interview with INNPoland.pl.
If an employee provides services on a b2b contract to another entity while working, the employer may consider – termination of the employment contract by notice or, in extreme cases, even disciplinary dismissal.
However, it is important to remember that in the event of litigation, the employer will be the party that will be required to prove that the grounds for dismissal actually occurred.
We would like to remind you – on April 6, 2023, new provisions of the Labor Code on remote work come into force. One of the new institutions will be the possibility for the employer to inspect the remote worker at the place of work (that is, most often at the employee’s home).
According to the new regulations, the rules of remote work should be regulated in the regulations of remote work, an agreement with the company’s union organization or in the remote work order.
