Amendments to Labour Law.EU and national legislation are also heading in the same direction. Pursuant to the EU Directive on work-life balance (2019/1158) and the Directive on transparent and predictable working conditions in the European Union (2019/1152), EU Member States must implement appropriate legal solutions into national law by 2nd August 2022. Works are also currently underway to implement the new regulations in Poland. Below you will find some of the most important provisions of the project which introduce some new changes, and, consequently, new obligations for employers.
Time off from work due to force majeure
The new regulations highlight that the employee may take time off from work on the grounds of force majeure. Taking time off on the grounds of force majeure means taking time off for urgent family reasons in the case of illness or accident making the immediate attendance of the worker indispensable. For the said reasons, the employee is entitled to 2 days or 16 hours of time off. During this period, the employee is entitled to half of their remuneration. The employer will be obligated to grant such time off from work, at the employee's request submitted no later than on the day of the leave.
Carers' leave
The amendment to the Labour Code also provides for the right of the employee to take carers' leave to provide personal care or support to a family member or household member who requires significant care or support for serious medical reasons. Within the meaning of the new regulation, a relative means a son, daughter, mother, father or spouse. The new leave is to be unpaid, which means that the employee will not receive remuneration for the days on which they are on carers' leave. On the other hand, days off will be included in the period of employment on which employee entitlements depend. The employee should submit an application for carers' leave no later than 1 day before taking the leave.
Extending the scope of an employer's obligation to provide information
Currently, the employer informs the employee in writing, no later than within 7 days from the date of the conclusion of an employment contract, about an employee's daily and weekly working schedule, the frequency of remuneration payment, the duration of the employee's holiday leave, the length of the employee's notice period and the collective agreement whereby the employee is covered.
In a situation where the employer is not obligated to establish work regulations, the employer additionally provides information regarding night-time working hours, the place, date and time of remuneration payment and the adopted method of confirming their employees' arrival and presence at work or the manner in which they declare their absence from work.
Pursuant to the draft bill, the list of information that should be provided by the employer to the employee will be significantly extended. The employer will also have to account for information regarding breaks at work, any arrangement for overtime and its remuneration, an employee's entitlement to training should the employer provide it, in particular on the general principles of the employer's training policy, or in the case of shift work - any arrangements for shift changes.
Equating fixed-term employment contracts with contracts for an indefinite period
To date, the employer intending to terminate an employment relationship with an employee employed under a fixed-term contract has not had to justify the reason for the termination; such requirement was applicable only in the case of contracts concluded for an indefinite period.
The projected solutions are to change this state of affairs. In the light of the new regulations, the employer will also be obligated to justify the termination in the case of fixed-term contracts. This solution will force employers to precisely define the reasons for the termination of fixed-term contracts, since in the case of appeals lodged by an employee against the termination of an employment contract, the court will thoroughly and meticulously analyse its legitimacy and regularity.
Should the court find the termination of a fixed-term contract unjustified or in breach of the regulations, the employee will be able to demand not only compensation, but also reinstatement. Moreover, the intention to terminate a fixed-term contract, as in the case of contracts concluded for an indefinite period, will have to be consulted with the trade union organisation.
Changes in contracts concluded for a probationary period
In terms of contracts concluded for a probationary period, the legislator provides for the possibility of the parties to agree in the employment contract that the employment contract for a probationary period would be extended by the duration of a holiday leave, as well as by the time of other justified absences of the employee at work, if such absences occur. The Labour Code has not provided for such an option to date.
The current regulations also indicate a maximum duration of the probationary period of three months without making its duration dependent on the subsequent conclusion of a fixed-term contract. Pursuant to the draft bill, an employment contract for a probationary period shall be concluded for a period not exceeding:
- 1 month - in the case of fixed-term employment contracts intended for a period of less than 6 months;
- 2 months - in the case of fixed-term employment contracts intended for a period of the minimum of 6 months but less than 12 months.
If it is justified by the type of work, the parties will be able to extend the foregoing periods, but by no more than 1 month.
Introducing flexible working arrangements for employees bringing up children under the age of 8
In order to enable employees caring for children up to 8 years of age to reconcile parenthood and professional life, the legislator provides for the possibility of applying a flexible working arrangement to such employees. An employee raising a child under the age of 8 may submit an application for a flexible working arrangement. The application shall be submitted at least 21 days before the scheduled commencement of the flexible working arrangement. Flexible working arrangements are defined as teleworking, the intermittent working time system, the shortened working week system, the weekend working system, a flexible working system, as well as an individual work schedule and a reduction in working time.
The employer will be obliged to consider the application taking into account the needs of the employee, and the date and reason for the application of a flexible working arrangement, as well as the needs and possibilities of the employer, including the need to ensure work continuity, work organisation or the type of work performed by the employee. Taking the above factors into account, the employer must inform the employee within 7 days of receiving the application
on granting the application or the reason for refusing to grant the application or on any other possible date for the commencement of a flexible working arrangement.
How can we help?
We can:
- prepare current templates of additional information for employees,
- provide support in the termination of fixed-term contracts,
- provide support in the processing of new employee applications,
- verify and update employment contract templates, internal regulations
and documents subject to the new regulations, - and provide ongoing legal advice subject to the new regulations.
