Labor impact of technological devices in Poland
| Autor | Michal Baranski |
| Cargo | Doctor of Juridical Sciences. Assistant Professor at the Faculty of Law and Administration. University of Silesia in Katowice, Poland |
| Páginas | 44-52 |
IUSLabor 1/2018 Michał Baraski
44
LABOR IMPACT OF TECHNOLOGICAL DEVICES IN POLAND
Michał Baraski
Doctor of Juridical Sciences
Assistant Professor at the Faculty of Law and Administration
University of Silesia in Katowice, Poland
Introduction
At present, also in Poland, there is a continuous and rapid increase in the importance of
information and related processes. This development, in connection with technological
development, causes the transformation of the labour market. It is noticeable the
evolution in Poland of legal provisions regarding the effects of technological devices on
labour relations. Initially, these provisions focused on safe and hygienic working
conditions. Since 2004, specific regulations regarding the processing of personal data in
employment came into force. In 2007, provisions on teleworking were introduced.
Recently, important regulations are related to the applicable (also in Poland) Regulation
(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the
free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation)
79. In this matter, there is an increasing impact of the so-called autonomous
sources of labour law. However, conflict between the employee's right to privacy and
the employer's right to inspect the employee is still a serious challenge for the Polish
legislator.
1. Is there any regulation in your country regarding employees’ use of
technological devices in the company?
According to article 94 point 2 of the Polish Labour Code “the employer is obliged to
organise work in a manner ensuring the effective use of working time, as well as
achieving high efficiency and appropriate quality of work through using the employees’
abilities and qua lifictions”80, which in particular means that the employer should
provide the employee with appropriate materials and work tools (e.g. technological
devices). An employee also has certain obligations that may apply to the use of these
79 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data, and repealing Dire ctive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016,
referred to as Regulation 2016/679.
80 The Act of 26 June 1974 Labour Code (unified text: Journal of Laws of 2018, item 917 with
amendments), referred to as KP; translated by A. JAMROY: The Labour Code. Kodeks pracy, Warsaw
2010, p. 101.
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