Sobriety control of employees performing remote work. Observations against the background of the amendments to the Labour Code Cover Image

Kontrola trzeźwości pracowników wykonujących pracę zdalną – uwagi na tle nowelizacji Kodeksu pracy
Sobriety control of employees performing remote work. Observations against the background of the amendments to the Labour Code

Author(s): Jagoda Jaskulska
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Sociology, Management and complex organizations, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: obligation of sobriety; sobriety control of employees; remote working; necessity criterion

Summary/Abstract: The Labour Code has recently been supplemented with new legal regulations on controlling employee sobriety and remote working. In the hitherto binding legal state, these issues were regulated only in a fragmentary manner, leaving many important issues outside the sphere of regulation. However, the manner in which these issues have been regulated by the legislator raises many doubts which may significantly affect the application of the new provisions in practice. The article is devoted to one of the many problems signalled in this context –sobriety control of employees working remotely. It analyses, among other things, the premises for the admissibility of checking the sobriety of employees, showing their relationship to the obligation of sobriety and the obligation to protect the life and health of employees by ensuring safe and healthy working conditions. These considerations were then related to remote working in order to assess, on this basis, the usefulness of the new provisions on controlling employee sobriety in relation to employees working remotely.

  • Issue Year: 30/2023
  • Issue No: 2
  • Page Range: 135-143
  • Page Count: 9
  • Language: Polish