Remote Work From a Country Cottage: Flexibility or a Source of Conflict?

While remote work from a countryside summer cottage is entirely possible under Polish law, it requires prior arrangement with the employer and cannot be decided unilaterally.

Remote Work Is Not Work From Just Anywhere

The topic of where remote work is performed usually resurfaces during holidays and vacations. Employees assume that since they are not in the office, they can work from any location, while employers fear that working from a hotel or guesthouse means the employee is merely marking time. What do the regulations say? Article 67^18 of the Labour Code of 26 June 1974 states that work may be performed wholly or partly at a place indicated by the employee and agreed upon each time with the employer, including the employee’s residential address, particularly using direct remote communication means.

The concept of the “employee’s residential address” raised many doubts immediately after the regulations came into force. The legislator did not define it, and the definition does not stem from other legal provisions. Under civil law, the place of residence is the locality where a person stays with the intention of permanent residence, while under administrative law, the registration address is defined by specific municipal and regional details.

Understanding the “Residential Address” in the Labour Code

How should the “residential address” referred to in the Labour Code be understood? Literature indicates that it should further specify the employee’s place of residence, yet be interpreted more broadly than the civil law concept of residence or the registration address. Considering the core premise of remote work—flexibility—it is accepted that the employee’s residential address means the address of any place where the employee resides, regardless of the intention of permanent stay or registration.

According to the legislator’s intent, determining the place of performance for remote work belongs to the employee, regardless of initiative, but it must be agreed upon with the employer each time. The employee is not restricted to a single address and may indicate more than one location in the agreement. Many employees without school-age children utilize this by living in countryside summer cottages after the winter season, allowing them to designate two specific workplaces with defined months for each location.

Possibilities Exist, But Dialogue Is Essential

The situation where an employee knows in advance that they live in different places during parts of the year differs from an employee wishing to ad hoc designate a holiday location as their workplace during vacations. Employers harbor the most doubts regarding vacations, fearing work from beach bars or campers. Although the privilege of determining the workplace is granted to the employee, that location must be agreed upon with the employer, possess a specific address, and meet housing and technical conditions enabling work.

Consequently, an employee who has agreed on a specific address cannot independently decide to work from a holiday resort during the vacation period. However, a parent traveling with children to a family home so grandparents can help care for them while the parent works is legally permissible and exemplifies remote work flexibility. Even so, this arrangement must still be agreed upon with the employer, and the employee cannot implement such a modification unilaterally.

Legal Basis

Article 67^18 of the Act of 26 June 1974 – Labour Code (consolidated text: Journal of Laws of 2025, item 277).