IC&Partners Poland S.A. - News 09-2022

CHANGES TO THE WORK CODE
Poland had until August 2022 to implement the EU directives, namely the directive on work-life balance and the directive on transparent and predictable working conditions in the European Union. The entry into force of the new legislation was scheduled for August 1^st, 2022 but the work on the changes is still ongoing and the final implementation date is not yet confirmed. Below is a list of the main changes to labor law:

 1. Permits due to force majeure
Employees will be entitled to additional leave (2 days or 16 hours per year), with the right to half the salary for: reasons of force majeure, urgent family matters caused by illness or injury, if the immediate presence of the employee is required. 

2. Granting 5 days of unpaid leave for treatment
Leave from work will be granted to assist children, parents and spouse.

• 1 month: if you intend to enter into a fixed-term employment contract with a duration of less than 6 months;

4. Longer parental leave and part of it non-transferable
As a result of the changes, employees who are parents will be entitled to parental leave up to a maximum of:

• 41 weeks - in the case of the birth of a child in a single birth;
• 43 weeks - in case of multiple births.

According to the new regulation, each parent will only be entitled to 9 weeks of parental leave within the limit of the leave mentioned above. In particular, the right to 9 weeks of leave will not be transferable to the other parent of the child, as this is a non-transferable part of the leave.

5. Remote work in the Labor Code
Under the new legislation, remote work can take the form of 100% remote or hybrid work. Remote work will also be allowed on an occasional basis, for a maximum of 24 days a year, at the request of the employee.

 6. Flexible working hours at the request of an employee parent
Employees who have a child, up to the age of 8, can request flexible working hours. Flexible working includes forms such as:

• teleworking 
• intermittent working hours 
• part-time weekly work  
• weekend work  
• part-time work  
• work with a mobile working time system 
• individual working hours

7. Protection against unfavorable treatment in the workplace

8. More information to the employee from the employer
The information obligations of the employer towards the worker will be extended, providing, among other things, that the employer informs the worker, in paper or electronic form, no later than 7 days from the date on which the worker starts to work on for example:

• the daily and weekly working hours applicable to the employee;
• the right to breaks;
• the employee's right to daily and weekly rest;
• the rules relating to overtime and their remuneration.

9. Possibility of requesting a change in the form of employment