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Regulations on remote work will come into effect on April 7, 2023. Even if remote work regulations are not released or an agreement is signed with trade unions, from that time employers will be obliged to apply remote work rules in accordance with the new regulations. Of the more significant obligations, it is important to remember the payment of a lump sum/monetary allowance and the requirement of a statement from the employee that his / her remote workplace meets the premises and technical conditions. In addition, also as of April 7, the employers must keep documents related to remote work in the employee’s personnel file.
An amendment to the Labour Code, implementing two EU directives: work-life balance and on transparent and predictable working conditions, has been published in the Official Journal of Laws, which means that the regulations will take effect on April 26, 2023. The new regulations introduce significant changes in scope of employees’ leaves (e.g., the introduction of care leave and force majeure leave) and new obligations, including, among others, the conclusion of probationary contracts or the termination of fixed-term contracts.
According to a recently published draft amending the existing work certificate regulation, the employer will have to indicate in the certificate the number of days of occasional remote work used by the employee in the calendar year in which the employment relationship ended. In addition, the draft aligns the requirements of work certificates with the next amendment to the Labour Code, requiring employers to include information on the duration of care leave and leave due to force majeure. The regulation will come into force within 7 days of its announcement.
The state of epidemic emergency has been extended again until April 30, 2023. What this means for employers is that their rights to, among other things, still remain valid:
The legality of residence and employment of foreigners residing in Poland is also extended again.
From April 1, 2023, citizens of Ukraine providing work or conducting business in Poland will be able to apply for temporary residence permits. The condition is that they have a PESEL number with UKR status and that their stay in Poland is considered legal. Applications should be submitted to the voivode with jurisdiction over the foreigner’s place of residence.
On March 30, 2023, the European Parliament has adopted a directive on openness and equal pay. Now the EU Council will have to formally approve the directive before the text is published in the EU Official Journal. Among other things, the changes include an obligation for employers to inform about the starting remuneration level or its range in the job advertisement or before the interview. In addition, contractual conditions that restrict employees from disclosing their remuneration or seeking information about the remuneration of the same or other categories of employees will not be allowed. In turn, member states will have to introduce penalties for employers who violate the regulations.
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