Changes in labour law | August 2024

We encourage you to read the newsletter HRstacja | Changes in Labour Law prepared by experts from the Employment Law team and the Human Advisory Services team at CRIDO.

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Latest news | August 2024

The outlines of the draft law on minimum wages have appeared on government websites, which aims to implement into Polish law the Directive of the European Parliament and of the Council (EU) 2022/2041 of October 19, 2022 on adequate minimum wages in the European Union. Among other things, it is planned to emphasize the role of the employees' side and the employers' side in matters related to the minimum wage and involve them at the stage of determining and updating the minimum wage, two deadlines for changing the amount of the minimum wage (when the price index projected for the following year is at least 105%), and the designation of the Social Dialogue Council as an advisory body.

The planned date for adoption of the draft by the Council of Ministers is Q3/Q4 2024.

Work is underway in the Sejm on an amendment to the Law on State Labour Inspection. It is aimed at simplifying and unifying procedures for inspections of entrepreneurs and other employers carried out by various state inspection institutions. It is proposed to remove provisions obliging labor inspectors to show their authorization to inspect entrepreneurs and to carry out these inspections solely on the basis of a business card - as is the case with other employers.

Also under consideration in the future is the introduction of a solution that would give the PIP the power to order an employer to change a civil contract into an employment contract if certain conditions are met. At this point there is no draft law yet.

The deadline for the implementation of the so-called Women on the Board Directive is December 28, 2024. By July 2026, all listed companies in the EU are required to increase the number of women on their boards. At least 40% of non-executive director positions or 33% of all executive positions will be held by members of the underrepresented gender. The directive also stipulates, among other things, transparent recruitment procedures in companies based on clear and neutrally formulated criteria, or the obligation of listed companies to report information about the gender structure on their boards to the competent authorities.

The validity period of the temporary protection certificates issued so far is extended for another year until 4 March 2026.

Who is entitled to it? Foreigners who are not covered by the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of this State, and who belong to the categories of displaced persons listed in the implementing decision of the Council of the EU stating the existence of a mass influx of people displaced from Ukraine, can benefit from temporary protection on the territory of Poland.

What should be done to people who have received a certificate of temporary protection with an expiry date of March 4th 2023, September 4th 2023, March 4th 2024 or March 4th 2025?

The issued certificates will remain valid until March 4, 2026 by operation of law, holders of such certificate do not have to apply for new documents.

From July 1, citizens of Ukraine who entered Poland and received a PESEL number on the basis of a passport of a citizen of Ukraine (internal document) or a birth certificate, etc., must update their data in the PESEL register within 60 days in order to confirm the validity of the document, as well as their stay in Poland.

The changes require a valid travel document (international passport). If PESEL was previously obtained on a preliminary basis: on the basis of an internal passport of a citizen of Ukraine or a birth certificate, such persons must apply to the selected commune within 60 days after July 1 and clarify their data on the basis of a passport of a citizen of Ukraine for traveling abroad.

The activities of influencers are becoming the subject of assessment by tax authorities. From the tax interpretations that we are aware of, it is important not only to determine the subject of the agreement linking the parties, but also to determine the status of the influencer (individual or contractor running a business activity) in order to tax and report the income correctly.

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