Special flood-related legislation – changes to the employment law
On 25 September 2024, the draft of special flood-related legislation, as previously announced by the government, was submitted to the Sejm ( “Bill”). In addition to direct aid for flood victims, the bill also provides for changes to labor law. The following are the provisions that will have a significant impact on the situation of entrepreneurs in relation to the floods.
These solutions will apply in the areas specified in the Council of Ministers’ Regulation (which are likely to overlap with the areas affected by the natural disaster). They will therefore apply primarily to workers residing in these areas and to employers who have their places of business or workplaces in these areas.
Leaves
Employees living in the affected areas will be entitled to 8 days of “on demand” leave instead of the current 4 days. As is the case now, the leave must be requested no later than the start date and must not exceed the annual leave entitlement.
Employees will also have the right to take leave on an hourly basis. However, such leave will be limited to a total of 5 days.
Reduction of working time
The bill also provides that employees may request a reduction in working hours to no less than half-time (with a proportional reduction in remuneration). Such a request will be binding on the employer, unless this is not possible due to the way or nature of the work, in which case the employee should be informed within 2 working days.
Overtime and posting only with the employee’s consent
According to the bill, overtime and posting outside the permanent workplace will not be possible without the employee’s consent. However, overtime will be allowed without the employee’s consent if it is necessary to carry out a rescue operation to protect human life or health, property or the environment, or to respond to an emergency, unless the property, life or health of the employee or a person living in the same household is also at risk.
Preventive health checks
The bill lifts the requirement for periodic medical examinations. However, they will still be required at a later date.
In addition, if an occupational health physician is not available, initial or follow-up examinations can be carried out by another physician. However, a certificate from an occupational health physician must be obtained at a later date.
S&H training
Employers will be able to provide initial health and safety training online. However, this solution will not apply to induction (on-the-job) training. In addition, periodic training, as with preventive health checks, will have to be provided at a later date.
Extension of the term of office
If the term of office of a works council or social labour inspector operating in a flood-affected area expires during the period of flood risk and there are no conditions for holding an election, it will be extended by operation of law until the next elections. However, these must be held within 30 days of the end of the flood risk period.
A similar rule will apply to the terms of office of the statutory bodies of trade unions and employers’ and entrepreneurs’ organizations.
Suspension of time limits
The bill also provides for certain solutions to facilitate the assertion of claims. The 21-day time limit for filing an appeal against a notice of termination or dismissal without notice is to be suspended. In addition, if the deadline is not met, employees will have 60 days to file a request for reinstatement of the deadline (currently they have 7 days).
The limitation period for claims arising from employment relationships will be extended by a period to be determined in a Council of Ministers regulation.
Partial lifting of the ban on Sunday trading
According to the bill, the activities of unloading, receiving and displaying essential goods may be performed and employees may be required to perform them on Sundays.
Suspension of deadlines in proceedings before administrative authorities and administrative courts.
Another important aspect is the planned suspension of time limits in proceedings before administrative authorities and administrative courts (such as the filing of an appeal or a complaint). For parties residing in flood-affected areas, these time limits will begin to run 14 days after the date specified by the government in the ordinance.
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The Sejm is due to debate the bill on 26 September 2024. It must then be passed by the Senate and signed by the President. According to the bill, the Act will enter into force on the day following its promulgation.
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