New changes to the Labour Code – implementation of work-life balance and transparency directives
The Sejm has passed new regulations in the area of the employment law. This time they apply to the so-called work-life balance and transparency of employment. Currently, the Senate will continue work on the bill, but it can be assumed that no major changes will be made. The new regulations will require changes to employee documents. As the act is to take effect just 21 days after promulgation, we would like to present to you the most essential assumptions thereof now.
- provisions of employment contracts concluded for a trial period will be changed and so will the maximum periods for which contracts of this type can be made (these will depend on the planned term of the final employment contract). It will also be possible to extend the term of contracts for trial period by another month if this is justified by the type of work. Additionally, parties to the employment contract can provide that the contract will be extended by the duration of the holiday leave or other justified absences from work.
- the amendment will considerably extend the list of information to be provided to the employee during onboarding. The employer will be obliged to inform the employee about, among other things, the number of hours of work, breaks, overtime rules and compensation for overtime, transfer from one shift to another, the length of holiday entitlement and the rules of relocation between workplaces. Additionally, the employer will be required to inform about salary components and cash and in-kind benefits other than specified in the contract.
- termination of fixed-term contracts will be subject to the same rules as those applicable to indefinite-term contracts. This means in particular that a notice given to the employee will need to identify causes and be preceded with written consultations with trade unions if they operate in the employing establishment.
- the employer cannot prohibit the employee from simultaneous employment with another entity (except where the relevant provisions to this effect are included in a non-competition agreement).
- new days off work are to be introduced. There will be an unpaid care leave of 5 days in a calendar year. The employee can use the leave to personally provide care or support to a family member or a person residing with them. Additionally, employees are to be entitled to days off work due to force majeure in urgent family situations caused by an illness or an accident. This entitlement is to consist of two days or 16 hours. If the entitlement is used, the employee shall retain the right to half of his/her salary.
- the length of the parental leave is to be extended. In respect of the parental leave a solution is planned whereby a non-transferable leave of 9 weeks is guaranteed to each parent. This solution is to encourage male employees to use parental leaves. Additionally, a 70 per cent maternity allowance is going to be implemented for the entire period of parental leave for both parents.
- the regulations also provide for a number of rights of employees who bring up children up to 8 years of age. In particular, they will be entitled to apply for a flexible organisation of work, e.g. flexible or individual working time. Additionally, it will not be possible to require such an employee to do overtime, to work at night or away from their regular place of work.
If you are interested in more detailed information regarding the above issues, you are welcome to contact us.
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