This article evaluates the necessity of incorporating provisions regarding the right to be offline into the Polish Labour Code, particularly focusing on the aspect of employees’ availability for communication outside of official working hours. The author underscores that the employer’s expectation of communication availability from employees outside of designated working hours stems from the employee’s duty of care for the welfare of the workplace. However, the current legal framework does not afford employees the necessary protection to counteract this expectation with the right to be unavailable (offline) under the Code. The article presents a proposal for regulating this new law, drawing insights from the 2021 resolution of the European Parliament and the framework agreements established by social partners in 2020 and 2022.
English
Język Polski