Can a person with a disability certificate work remotely? This is a question that has recently been raised frequently among clients of the PRWT accounting office.

As you know, there is no problem with employing people with a slight degree of disability. Persons with a moderate or even severe degree of disability may be employed in workplaces which are not sheltered workshops in the following cases:

  – adaptation of the work position by the employer to the needs of the disabled person;

– employment in the form of telework (Article 4 (5) of the Polish Act on Vocational and Social Rehabilitation and Employment of Disabled Persons).

What about remote work?

The above-mentioned provision mentions teleworking. Teleworking means performing remote work on a continuous basis and is regulated by the Polish  Labor Code. On the other hand, work performed partially or occasionally remotely is commonly referred to as remote work (it is not regulated yet). Due to the development of the pandemic, remote work is widely used by employers also on a permanent basis. Performing work remotely (understood as permanent performance of work outside the place of the employer’s seat) is allowed in the case of disabled people. An employee with a moderate and severe degree of disability may perform remote work on a permanent basis (telework or currently commonly used remote work). However, if remote work is to be performed partly at the employer’s premises, and partly remotely, it should be remembered to provide the employee with appropriate working conditions adapted to his disability.