Changes in labour law | May 2023

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.

Changes in leave – new employee entitlements

Parental leave has been extended by 9 weeks, i.e. to 41 weeks and 43 weeks in the case of multiple pregnancy. Employees gained right to 5 days of caregiving leave to provide personal care or support to a family member or cohabitant who requires significant care for serious medical reasons. This type
of leave is unpaid. Employees may also take time off due to force majeure, for urgent family matters caused by illness or accident, for 2 days (or 16 hours), with the right to 50% of remuneration.

 

New rules for fixed-term and probationary employment contracts

According to the amended wording of the regulations, probationary employment contracts can be concluded for a period not exceeding 1 to 3 months, depending on the planned duration of the employee’s employment for the next agreement:

• in the case of the intention to conclude a fixed-term employment contract for a period of less than 6 months – for a probationary period not exceeding 1 month,
• if the planned period of further employment is at least 6 months and less than 12 – for
  a probationary period not exceeding 2 months.

Since now employers are also obliged to justify the termination of a fixed-term employment agreement – previously this only applied to employment contracts concluded for an indefinite period.

The end of the ban on additional employment?

In cases where a non-compete agreement has not been concluded, the employer may not prohibit the employee from simultaneously remaining in an employment relationship (or other legal relationship that is the basis for the provision of work) with other employers, outside of the working time schedule agreed with the employer.

Extended information on the basic conditions of employment

The new regulations have expanded the scope that the information for an employee on the basic conditions of employment should contain. According to them, the information, in addition to what was required before, should indicate, among others:

• applicable daily and weekly working hours for the employee,
• breaks to which an employee is entitled,
• rules regarding overtime work and compensation for it,
• rules regarding movement between workplaces (in cases of several workplaces),
• employee’s right to training,
• the name of social security institutions to which social security contributions are paid (within 30 days of the start of work).

The information on the basic conditions of employment can be provided by the employer in paper or electronic form.

Request for predictable working conditions

Employees who have been employed for at least 6 months with the employer, have the opportunity (once per calendar year) to apply for (a) a change in the type of employment agreement to an agreement for indefinite period or (b) more predictable and safer working conditions. If the application is denied,
the employer is obliged to inform the employee of the reason for the denial.

Additional rights for parent-employees

As of 26 April 2023, employees who are parents of children under the age of 8 are entitled to request flexible work arrangements (such as individual work schedules or remote work). Also, only with their consent, the employer will be able to assign them to work overtime and nighttime or delegate them outside their permanent workplace.

The amendment to the Labour Code also introduced changes extending protection against termination of employment of parent-employees.