Changes in employment law | January 2023

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

Remote work and sobriety control | Legislative work on the final straight

At the upcoming session of the Sejm (on 11th – 13th January 2023), deputies will decide whether the long-awaited provisions on remote work and sobriety control will be introduced into the Labour Code. The draft went back to the Sejm, as amended by the Senate. Among the more important changes proposed are extending the vacatio legis on remote work from 2 to 3 months or increasing the dimension of occasional remote work from 24 to 30 days.

The provisions on sobriety control will come into force within 14 days of publication in the Journal of Laws, and in the case of remote work within 2/3 months (depending on the decision of the Sejm), so employers should already take care to introduce appropriate internal regulations at their workplaces.

 

Extension of the state of epidemic emergency | What rights will employers still retain?

The Government has again decided to extend the state of epidemic emergency until 31st March 2023. From a labour law perspective, this means maintaining the existing rights of employers to, i.a.:

Change of the minimum remuneration | Double increase in 2023

From 1st January 2023, the amount of the minimum wage is PLN 3490 gross, which is PLN 480 more than before, and as of 1st July 2023 – PLN 3600 gross, i.e. PLN 590 more compared to the amount in effect in 2022. As for the minimum hourly labour rate for certain civil law contracts, from 1st January 2023, it increased to PLN 22.80 gross, and from1st July 2023, it will increase to PLN 23.50 gross, i.e. there will ultimately be an increase of PLN 3.80 over the amounts in effect in 2022.

Higher subsistence allowances for business trips | What rates apply in 2023?

According to the amendment of the Regulation of the Minister of Labor and Social Policy on the entitlements to be paid to an employee working in a state or local government unit of the budgetary sphere for business trips, the allowances for employees for business trips have increased. Although the employers of the other spheres set the allowances in their internal regulations, the established rates cannot be lower than those indicated in the Regulation.

From 29th November 2022, higher allowance amounts and limits on overnight stays during foreign travel for several dozen countries are already in effect. The precise rates are set forth in an appendix to the Regulation. Meanwhile, from 1st January 2023, the subsistence allowances for domestic business trips increased from PLN 38 to PLN 45.

Automatic enrollment in Employee Capital Plans | What is important to keep in mind?

Until 28th February 2023, employers are required to inform employees who previously submitted resignation declarations to make contributions to Employee Capital Plans (‘ECP’) that they should re-submit their resignation declarations if they still do not wish to join the ECP savings. Otherwise, from 1st April 2023, employers will start making payments to the ECP for them.

The information campaign in this regard should be carried out by employers in a way that does not expose them to the charge of solicitation for non-participation in the program, which is subject to a fine.

 

 

 

 

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Edyta Defańska-Czujko
partner at CRIDO

E: edyta.defanska-czujko@crido.pl

M: +48 728 909 680

Michał Wodnicki
partner at CRIDO

E: michal.wodnicki@crido.pl

M: +48 538 626 921