Due to the need to implement two EU directives, a draft amendment to the Labor Code has been prepared. The directive on transparent and predictable working conditions in the European Union and the parental leave directive should be implemented by August 1 and 2, 2022, respectively.
The Directive on Transparent and Predictable Working Conditions in the European Union aims to ensure transparency regarding the working conditions of all workers. Its aim is to promote more secure and predictable employment while ensuring the adaptability of the labor market and improving working conditions.
Following the changes, employers will be required to provide—generally within seven days of an employee being admitted to work—more information about employment conditions. This includes training, termination procedures, and information on the employee's paid leave entitlement.
The changes will also apply to trial period contracts. An employee who has worked for at least six months (including under a trial period contract) will have the right to request employment with more predictable or safer working conditions. The employer will have one month to respond in writing, along with justification.
The Parental Leave Directive, in turn, aims to encourage equal sharing of care responsibilities between women and men. The directive envisages, among other things, changes to parental leave, paternity leave, the introduction of unpaid carers' leave, and greater flexibility in work organization.
One of the proposed changes is the addition of Article 1481 of the Labor Code, under which an employee will be entitled to 2 days or 16 hours of leave from work per calendar year due to force majeure, for urgent family matters caused by illness or accident, if the employee's immediate presence is necessary, while retaining the right to half the salary (§ 1). The employer will be obliged to grant this leave upon request and within the time specified by the employee, submitted no later than the day of using the leave (§ 3).
The amount of leave from work granted on an hourly basis to a part-time employee will be determined in proportion to the working hours of that employee; a partial hour of leave from work will be rounded up to a full hour (§ 4).
An employee whose daily working time standard, resulting from separate provisions, is lower than 8 hours (§ 5), e.g. an employee with a certificate of moderate disability or an employee employed in the health service, will also be entitled to leave from work granted on an hourly basis.
During the period of leave from work due to force majeure, the employee remains in the employment relationship and retains his/her employment rights, with his/her remuneration for the period of this leave being 50%.
An employee who decides to take time off work due to force majeure will be subject to special protection. An employer who violates the provisions on time off work due to force majeure must be prepared to face criminal liability. A new offense will be added to the list of offenses against employee rights. A court may impose a fine of between PLN 1,000 and PLN 30,000 for violating the provisions on time off work due to force majeure.
Moreover, an employee's exercise of the right to dismissal will not constitute grounds for any unfavorable treatment of the employee or result in any negative consequences for them. An employee whose right has been violated by the employer will be entitled to compensation in an amount no less than the minimum wage.
Implementation of the directives requires changes to the Labor Code, including those related to parental leave and the conclusion of contracts. These changes will be discussed in subsequent articles.
