Do you want to have a summary of changes in employment law always at your fingertips? Download the newsletter in PDF format
On August 1st, another draft of the Law on the Protection of Whistleblowers was released on government websites. In the new version, it was decided to restore to the catalog of persons who can make a report or public disclosure service officers such as: CBA, ABW, Police, as well as professional soldiers. In addition, the effective date of certain provisions was extended to 14 days (previously they went into effect immediately). This means that entities with more than 50 employees, as well as public bodies within 14 days after the promulgation of the law, must have internal procedures for reporting violations prepared. Other changes are editorial.
Due to the cancellation of the state of emergency on August 1st, 2023, the extended periods of residence rights for foreigners, which were introduced by the so-called Covid Law, ended. Foreigners residing in the territory of Poland on the basis of, among other things, an extended visa, or a residence permit, lost the right to further legal residence in Poland. We would like to remind you that the above, as a rule, does not apply to citizens of Ukraine who are under temporary protection due to hostilities on the territory of Ukraine – they are guaranteed legal residence in Poland until March 4th, 2024 (in some cases, until August 31st, 2024 or September 30th, 2024).
On July 1st, 2023, the EU Framework Agreement on social security for cross border telework entered into force. The Agreement allows the legislation of the employer’s seat to be determined as applicable, despite the performance of a significant amount of work in the employee’s country of residence. The solutions will apply to employees, customarily working in different member states: (i) whose employer is in a country other than their country of residence, and (ii) who perform part of their work in their country of residence in the form of cross-border telework for at least 25% but less than 50% of their total working time. The regulations apply only to employees moving between signatory states (which includes Poland).
The Sejm approved a draft amendment to the Law on Bridge Pensions and Certain Other Laws. The amendment proposed by the Senate to reject the introduction of judicial protection in the context of specially protected employees was not included.
What does this mean for employers? Employees subject to special protection against termination of employment or termination without notice will acquire additional rights. In cases in which such an employee will seek before the labour court recognition of termination of the employment relationship as ineffective / reinstatement, the court, at the employee’s request, will grant injunctive relief by ordering further employment of the employee by the employer until the final conclusion of the proceedings. Granting injunctive relief will be possible at any stage of the proceedings.
The basis for granting such injunctive relief will be only the probability of the existence of the claim. The court will be able to refuse to grant it only if the claim is manifestly unfounded. The law is currently awaiting the President’s signature.
Under the Council of Ministers regulation on 6th of July 2023 amending the regulation on professional preparation of youth and their remuneration, as of the new school year, i.e. as of the 1st of September 2023, there will be an increase of 3 percentage points in the remuneration of youth employees employed for professional preparation in the form of vocational training or apprenticeship to perform a specific job. The remuneration increase will also cover students employed before 1st September 2023.
The changes also apply to the list of work forbidden to youth employees, which was amended by the Council of Ministers regulation on 19th June 2023. However, in order to take advantage of it and allow youth employees to perform the work listed in the new regulation, employers should update their occupational risk assessments and implement the appropriate changes to their work regulations.
As well, next year, we are facing two increases in the minimum wage. The government wants the minimum wage to be PLN 4,242 gross from the 1st of January 2024, and from July 2024, PLN 4,300 gross. Regarding the minimum hourly wage, there is a discussion of increases to PLN 27.70 gross and further to PLN 28.10 gross. Trade unions are demanding even higher increases. However, employers and entrepreneurs have to wait until a regulation on the matter is established to know the final amount of the increases, which will come with the new year.
Do you want to have a summary of changes in employment law always at your fingertips? Download the newsletter in PDF format
Skontaktuj się z naszymi ekspertami!
