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Advicero Nexia | Employer Solutions: Revolutionary changes in the Labour Code

On March 9, 2023, the Goverment of the Republic of Poland adopted an act aimed at implementing the provisions of two EU directives into the Polish legal order:

  • directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L No. 186, p. 105)

and

  • directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (Official Journal EU. L. No. 188, page 79).

The above-mentioned provisions introduce extensive changes to the Labour Code. Below we present the most important of them:

1. New rules for concluding contracts for a probationary period

Making the duration of a contract for a trial period dependent on the expected duration of a fixed-term employment contract. an employment contract for a trial period is concluded for a period not exceeding:

  • 1 month – in the case of the intention to conclude an employment contract for a definite period of less than 6 months,
  • 2 months – in the case of an intention to conclude an employment contract for a definite period of at least 6 months and shorter than 12 months.

The contract for a trial period will be concluded for a maximum period of 3 months, with the possibility of agreeing in the employment contract for a trial period that the contract is extended by the time of the leave, as well as by the time of the employee’s other justified absence from work, if such absences occur.

2. The need to justify the termination of a limited period contract

In the light of the new regulations, termination of a fixed-term contract will be possible, but only on condition that the justification for terminating such a contract is provided. So far, the obligation to indicate the reason for termination of the contract by the employer concerned only contracts for an indefinite period.

3. Extended parental leave

The length of parental leave is to be increased from 32 to 41 weeks – in the case of the birth of one child, and from 34 to 43 weeks – in the case of multiple births. The increased length of parental leave will be available to both parents of the child jointly (as before), however, the additional 9 weeks will be “non-transferable” to the other parent. The benefit for the additional 9 weeks of parental leave will be paid at 70% of the sickness base.

4. Shorter time to take paternity leave

The possibility of taking paternity leave due to the birth of a child will be shortened. Currently, an employee’s father can take paternity leave until the day the child turns 24 months old. As a result of changes in the Labour Code, the possibility of exercising this entitlement will be shortened until the child is 12 months old.

5. Changes for parents taking care of children up to the age of 4

An employee taking care of a child under the age of 8 will not be able to work overtime, at night, in the interrupted working time system, as well as be delegated outside the permanent place of work if he does not agree to it. So far, this provision has applied to parents caring for children under the age of 4.

6. Additional breaks at work

Employees will have additional breaks at their disposal during the working day. In addition to the already existing 15-minute break for working more than 6 hours, the employee will be entitled to a second break of at least 15 minutes if the daily working time exceeds 9 hours, and to a third break of at least 15 minutes when the daily working time is longer than 16 hours.

7. New care leave

The employee will be entitled to take advantage of the new carer’s leave of up to 5 days in a calendar year in order to provide personal care or support to a person who is a family member or living in the same household who requires significant care or significant support for serious medical reasons. The employee does not retain the right to remuneration for the period of leave. This is a separate entitlement from the carer’s leave of 2 days or 16 hours per child up to the age of 14.

8. Force majeure leave

Due to force majeure, in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary, the employed person will be able to take leave from work for 2 days or 16 hours in a calendar year. This leave will be a paid leave for which the employee will receive 50% of the remuneration.

9. New information obligation towards employees

Information provided to employees in connection with the conclusion of an employment contract will be significantly expanded and can be provided both in paper and electronic form. Such information will have to be provided to the newly employed person not later than within 7 days from the date of admitting the employee to work.

10. Application for a change of employment conditions  

The employee will be able to apply for more predictable working conditions: changing the type of contract to a contract for an indefinite period, in the case of part-time employees – changing the working time to full-time, as well as changing the type of work performed. The entitlement will be available to an employee who has been employed with a given employer for at least 6 months.

The employee will be able to submit an application once a year and the employer will be obliged to consider the employee’s application as far as possible. In the event of a refusal, the employer will be obliged to provide the employee with a written justification for the refusal no later than within 1 month from the date of receipt of the request.

11. Possibility of parallel employment

The employer will not be able to prohibit the employee from taking up additional employment during the employment relationship, except for a situation where the employer concludes a non-competition agreement with the employee during the employment relationship.

12. Flexible work organization

An employee who takes care of a child up to the age of 8 will be able to apply to his employer for flexible employment conditions, e.g. reducing working hours or applying an individual working time schedule.

13. Training included in working time

Training necessary to perform a specific type of work or in a specific position will be included in the working time and, if possible, are to take place during working hours. The costs of training will be borne entirely by the employer.

The act is currently awaiting the signature of the President and will enter into force within 21 days from the date of its publication in the Journal of Laws.

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