Can an employer refuse to allow a privileged employee to work remotely?

Remote work has become the norm in Poland, not just a matter of the employer’s goodwill. Employees who are considered “privileged” are subject to special protections, and the company has a legal obligation to grant them permission to work from home. However, many employers are asking themselves: is this obligation absolute? Does this mean that the employer loses control over the organization of work? Not necessarily.

The key to success is the proper interpretation of Article 67¹⁹ § 6 of the Labor Code. Let’s see what arguments actually allow for the rejection of a privileged employee’s request.

Who belongs to the group of privileged employees?

According to Article 67¹⁹ § 6 of the Labor Code, an employer must, as a general rule, consent to remote work if the request is submitted by:

• A pregnant employee.
• An employee raising a child until the child reaches the age of 4.
• An employee caring for another immediate family member or another person living in the same household who has a disability certificate or a certificate of significant disability.
• A parent of a child of any age who has a certificate confirming the child’s severe and irreversible impairment or an incurable, life-threatening illness (arising during the prenatal period or at birth).

When can an employer refuse to allow remote work?

Although the law protects the groups listed in Article 67¹⁹ § 6 of the Labor Code, the same regulation provides for two exceptions.

Refusal is permitted when remote work cannot be performed due to the nature of the work or the organization of the workplace.

An employee entitled to remote work may be denied it if the nature of their tasks requires their physical presence, e.g., operating machinery, laboratory work, property security, manual labor, or customer service at a service counter.

In situations where the employee’s absence from the office would disrupt company operations—such as the need for teamwork requiring direct contact, ensuring on-site service continuity, or the lack of technical infrastructure enabling secure access to data outside the company—the employer may also deny such a request.

How should a refusal be properly formulated?

As is usually the case in exchange of correspondence, a refusal of remote work for a privileged employee cannot be communicated orally. Therefore, it must be in written or electronic form, and in the content itself, the employer is required to inform the employee of the reason for the refusal, providing specific justification relating specifically to the nature or organization of the work.

The employer has 7 working days from the date the employee submits the request to provide a denial.

Risks Associated with Unjustified Rejection

Improper consideration of a request from a privileged employee may result in serious consequences, such as an inspection by the National Labor Inspectorate (PIP), a fine ranging from 1,000 to 30,000 PLN, or even a charge of discrimination.

Violation of regulations regarding the consideration of requests from privileged employees is treated as a violation of employee rights. PIP inspectors may verify whether the justification for the refusal is consistent with the facts. If the refusal is not based on objective grounds (nature/organisation of work), the employee may seek compensation in labor court under Article 67²⁹ of the Labor Code.

Summary

Remote work for privileged employees is a rule with exceptions. The employer retains the right to manage the organization of work but must remember that the most powerful tool in this regard is a thorough analysis of the employee’s job position.

It is essential to maintain a standard of objectivity, where a refusal of remote work should not be based on a dislike of it, but rather supported by hard facts, such as the lack of technical capabilities to secure confidential data outside the office or the necessity of physically operating equipment available only at the company’s headquarters. It is also worth identifying a specific process that would be disrupted by working outside the office.

The right approach to this issue not only protects against penalties but also builds the image of a professional employer who cares about their team.