European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Art. 11(1), 21(1c), 22(1e), 22(1f), 22(3), 67(28) of Act of 26 June 1974 Labour Code; Art. 1, 2, 4, 5, 7, 8, 9, 10, 12, 13, 14, 16, 17 of Act of 1 December 2022 amending the Act - Labour Code and certain other acts;
LAST UPDATE 2023 - THIS CONTENT WILL NOT BE UPDATED
Sobriety checks
An employer may introduce sobriety checks for employees if this is necessary to ensure the protection of the life and health of employees or other persons or the protection of property. The conditions of the sobriety check must be laid down in a collective agreement or in the work rules or in a notice if the employer is not subject to a collective agreement or is not obliged to issue work rules.
Remote control of work
An employer has the right to carry out an inspection of the employee's remote work, a health and safety inspection or an inspection of compliance with security and information protection requirements, including procedures for the protection of personal data, under the terms of the remote work agreement between the employer and the employee. The inspection shall be carried out in agreement with the employee at the place of remote work during the employee's working hours. The monitoring shall not invade the privacy of the teleworking employee or any other person, nor interfere with the intended use of the home premises.
E-mail monitoring
If necessary to ensure that the work is organised in such a way that the working time can be fully utilised and the working tools are made available to the employee, the employer may introduce monitoring of the employee's business e-mails (e-mail monitoring, electronic mail monitoring). E-mail monitoring must not violate the employee's privacy and other personal rights.
The employer must agree with the employee on the timing of the remote working check. The inspection shall take place during the employee's working hours. A negative inspection result allows the employer to revoke the permission to carry out remote working.
The employer is eligible (but not required) to impose a disciplinary sanction (a warning, a reprimand or a fine) on the intoxicated employee but also to terminate the employee's employment contract without notice through the employee's fault or with notice. The employer may apply one or both of these sanctions.
Eurofound (2023), Poland: Employee monitoring and surveillance, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/poland
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