IC&Partners Poland S.A.
Newsletter September 2022

    Newsletter IC&PARTNERS POLAND – 2022-09


    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 1st, 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.

    3. Modification of employment contracts under trial
    Under the new provisions, the employment contract for a trial period will be stipulated for a period not exceeding 3 months or for a period not exceeding:

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

    • 2 months: if you intend to enter into a fixed-term employment contract of at least 6 months and less than 12 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

    10. New sanctions for employers
    The new legislation provides for sanctions for employers, including for failure to promptly inform the worker about the terms and conditions of his employment and for failing to respond promptly to the worker's request, in paper or electronic form, relating to a form of employment with more predictable or safer working conditions, including changing the type of job, changing the type of permanent or full-time employment contract, or failing to communicate the reason for refusal. Such actions can be considered as crimes against the employee's rights.

    In accordance with the law, a decree on the minimum wage and minimum hourly rate in 2023 was published on September 15, 2022. The increase in the minimum wage in 2023 will occur twice. As established by Article 3 of the Minimum Wage Act, if the expected price index for the following year is at least 105%, two dates are set for changing the amount of the minimum wage and the amount of the hourly rate minimum: 

    Minimum gross wage in 2023:
    • from January 2023:               3,490.00 PLN
    • starting from July 2023:       3,600.00 PLN 

    Minimum gross hourly rate in 2023:
    • from January 2023:               22.80 PLN
    • from July 2023:                      23.50 PLN 

    An "inflationary" wage increase is the raise in wages due to an increase in inflation, which aims to counteract the negative effects of a decrease in the value of money.

    The concept of wage inflationary increase due has no legal basis in labor legislation, nor in the Labor Code nor in other legal acts. It is an instrument born from the need to compensate employees for the reduction in the purchasing power of money caused by the high rate of inflation.

    As a rule, the revaluation of salaries due to inflation is equal to the annual inflation index published by the Central Statistical Institute. The employer ultimately decides whether the indexation will cover all wage components or only the base wage rate.

    Employers can include such a provision in their pay regulations. Employers who already have such a provision in the regulations may, in accordance with Article 9 (1) § 1 of the Labor Code, in the event of liquidity problems, also renounce it for a period of up to three years, i.e. suspend the application of internal regulations, including those relating to salary increases due to inflation.

    The provision of an "anti-inflation bonus" is also a commonly practiced solution.

    Employers who decide to apply "inflationary" increases must bear in mind that it is their duty to respect the prohibition of discrimination. The revaluation, established in the remuneration regulations, must concern all employees, not just selected groups or individuals. Employees on parental leave, on layoffs, on sick leave and with notice of dismissal must also be included in the increases due to inflation.

    IC&Partners Poland S.A. 
    Plac Powstańców Warszawy 2a
    00-030 Warszawa
    Tel:     +48 22 828 39 49
    Fax:    +48 22 827 78 91

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