HR responsibilities after 1 July 2023 – implications of epidemic emergency revocation
On 1 July 2023, the epidemic emergency in Poland will be revoked, which means that the specific regulations of the COVID legislation will no longer apply. The changes also apply to the employment law.
Periodic health checks
The COVID regulations suspended the obligation to have periodic medical checks done. Periodic checks will need to be done within 180 days of revocation of the epidemic emergency, i.e. by 28 December 2023.
- It is therefore recommendable that employers review medical test documentation and ask employees who had no checks done during the epidemic emergency to comply with this obligation.
- Additionally, during the period of epidemic emergency, a medical certificate could be obtained from a physician other than specializing in occupational medicine – these provisions will also become void at the end of December this year.
Initial medical checks for administrative and office staff
Currently, employees hired to do office and administrative duties need not have medical checks done if they have valid medical certificates with no contraindications to work in the specific conditions.
- Unlike in the case of periodic tests, the legislator did not provide for a period of 180 days in this case, so this obligation takes effect on 1 July 2023.
- The end of the epidemic emergency will also mark the end of applicability of the provision extending the periods referred to in Art. 229 §1(1)(1) and (2) of the Labour Code (initial medical check) to 180 days during the period of epidemic emergency or epidemics with respect to persons hired to do work other than administrative and office duties.
S&H training
After the epidemic emergency is revoked, the preliminary S&H training can no longer be delivered using means of electronic communication.
The deadlines for delivery of periodic S&H training were extended under COVID legislation.
- After the epidemic emergency is revoked, the employer will be obliged to deliver outstanding S&H training within 60 days of the revocation date.
- S&H training should thus be provided by 30 August 2023 at the latest.
- However, this deadline is most likely to be extended, because at the moment works are underway on an act governing a support allowance (print 3130) which provides for amendments to the above article of the COVID law by extension of the deadline from 60 to 180 days.
“Compulsory” leaves
Employers will no longer have the right to give employees holiday leaves of 30 days, unused by them in previous calendar years without the employee’s consent and disregarding the plan of leaves, which is currently permitted by the COVID law under Art. 15gc.
Stay and employment of foreigners
The COVID regulations extended the validity of residence and work permits for the duration of the epidemic emergency and 30 days thereafter.
- At the end of July, the basis for foreigners to legally stay and work in Poland may in certain situations expire. What needs to be taken into account is, without limitation, the validity of work permits or of Polish visas and of temporary residence permits, which were prolonged by the force of the COVID legislation.
- We recommend a review of documents relating to residence and work of foreign employees.
Non-competition agreements
Revocation of the epidemic emergency will also mean that early termination of non-competition agreements under Art. 15gf of the COVID Law will no longer be possible. Throughout the period of epidemic emergency or epidemics, the parties to a non-competition agreement taking effect after termination of employment (agency contracts, contracts of mandate, other contracts governing provision of services, contracts for specific work) for whom the ban on competitive activity was established, may terminate the agreement subject to a 7-day notice.
- The employer will have the possibility to terminate the ban on competition after employment termination only if the loyalty contract so provides.
Delivering letters to employees
The good news for employers and a change which facilitates effective delivery of correspondence to employees is that, 14 days after revocation of the epidemic emergency, the regulation which provided for suspension of the service by default except for certain categories of court cases and court correspondence, will no longer apply.
Amount of payouts and compensations
Starting from 1 July 2023, the limitation of the amount of mandatory payouts, compensation or other payments to be made in the event of employment termination up to the value of 10-fold minimum wage will no longer apply. This limit may be imposed throughout the period of epidemic emergency and it applies to employers who saw a decrease of turnover or material burden on the compensation fund.
- After the epidemic emergency is revoked, the previous limit of max. 15-times of the minimum wage will apply.
- A decrease of turnover and material increase of burdens on the compensation fund are also linked with a provision stipulating that employers can suspend the obligation to set up and maintain the internal social benefits fund, make the base contribution, pay holiday allowances.
Final comments
Certain solutions implemented in connection with the epidemics will remain in force. This applies to remote work, which is provided for in the Labor Code, and the possibility to hold meetings of governing bodies in commercial companies using means of instantaneous communication, which was incorporated into the Commercial Companies Code.
On the other hand, some provisions of the COVID law will no longer apply after 1 July 2023, so there is not much time to get ready for the changes.
KONTAKT
E: magdalena.patryas@pl.Andersen.com
T: +48 32 731 68 84
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E: katarzyna.komulainen@pl.Andersen.com
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