Przesłanki wydania polecenia pracy zdalnej na gruncie przepisów „tarczy antykryzysowej”

Abstract

Remote work today is recognizable as a state of emergency institution. Suddenly it became
an everyday practice of many employees and employers. The employers ability to give an order for
providing work outside of usual workplace was regulated in article 3 of the “Anti-crisis act”. The
analysis of regulation, which is needed for appropriate implementation of institution, leads to
extraction of certain conditions under which remote work can be commissioned. Those mainly
include: prevention of COVID-19, existence of employment relationship (with some restrictions), time
limitation, correspondence between work that was ordered by the employer and one that was included
in the contract, indication of place where the work will be conducted - which is not the same as usual
workplace. Aforementioned conditions will be subjected to analysis and interpretation in doctrinal and
practical sphere.