The implementation of provisions of two EU directives from 2019 into the Polish legal order:
1) on transparent and predictable working conditions in the European Union,
2) work-life balance for parents and carers.
1 Changes for Parents.
Parental Leave will be longer. Today it is 32 weeks in case of a single child birth and 34 weeks in case of a multiple pregnancy birth. After the changes it will be 41 and 43 weeks respectively. It is also planned to increase the amount of the maternity allowance for the entire period of parental leave up to 81,5% of the basis for calculating allowance.
Each of the parents will also have a guarantee of 9 weeks of leave, but it cannot be transferred to the other of parents.
Unpaid Care Leave of 5 days in calendar year granted at the employee’s request in order to provide personal care to a child or other family member staying in a common household who requires care or support for serious medical reasons.
At the employee’s request, introducing a more flexible work organization and increasing the rights consisting in adjusting the work organization by the employee – parent – carer to individual needs consisting in a flexible working time schedule or part-time work. This possibility will be available to parents caring for a child up to 8 years old and to carers i.e. employees providing care or support to a relative or a person they live with in the same household who require significant care or support for serious medical reasons. Rejecting a request for flexible working arrangements will require from employer to provide with the written justification.
2 Definite Period Employment Contracts – regulation changes
In case of contracts for trial period an employee who has been working for at least half a year (including the basis of a contract for a trial period) will have the right to apply for a form of employment with more predictable and safer working conditions. The employer will be obliged within one month to provide a written response.
Once a year an employee who has been working for at least 6 months will have a right to apply for a change of a type of his contract into a indefinite or full-time period contract. For his request he will have to receive a written response with reasons.
A new obligation for employer is to introduce a justification when terminating a definite period employment contract.
Additionally, the employer will not have the right to prohibit the employee from simultaneously remaining in an employment relationship with another employer .
3 Remote Work, Individual and flexible working hours
The introduced regulations will allow for a wider use of flexible work organization through remote work, flexible working time schedule, weekend working time system, shortened working week and part time work – in order to reconcile work with family and private life.
Remote work can be agreed when concluding the employment contract and during employment as well. The place of a remote work must be indicated by employee.
The remote work can be also performer at the employer’s request:
- during the state of emergency, state of epidemic threat or epidemic and within after 3 months after their cancellation or
- during the period in which the employer’s provisions of safety and hygienic working conditions at the current employee’s workplace is temporally impossible due to force majeure
- if the employee submits a statement in a paper or electronic form immediately before issuing the order that he has the premises and technical conditions to perform the remote work. - The employer may withdraw the above-mentioned order to perform the remote work at any time with at least two days notice.
The New regulations will give the opportunity to work in the form of completely remote work as well as of hybrid work (partially at home partially in the office), according to the needs of particular employee and employer.
The new regulations on remote work will come into force on April 7. 2023
Do you have any queries about doing business in Poland or are you planning to set up a company there?
Contact us!
InterGest Polska
Janusz Tunkiewicz
Tel.+48 22 1010 222
E-Mail: janusz.tunkiewicz
intergest.com
