The amendment to the Labor Code of March 9, 2023, was published in the Journal of Laws. It implements, among other things, the EU directive on work-life balance. It will enter into force on April 26. The aim of these changes is to provide more favorable legal solutions and a package of social rights, which is intended to result in more secure and predictable employment for employees. Below is a list of the most important changes.
1. Leave
The main change introduced to the Labor Code will be the guarantee of additional vacation days, the aim of which is to enable employees to combine their private and professional lives.
Unpaid carer's leave will be introduced. It will be used when an employee needs to provide support to a family member or household member. This leave will last five days.
Additionally, leave from work due to force majeure is provided. This leave will be available in emergency situations related to family matters caused by force majeure – such as illness or accident. Depending on how it is used, the leave will be granted for 2 days or 16 hours per calendar year. In this case, the employee will retain the right to half their salary. The procedure for reporting the use of such leave is similar to the existing leave on demand.
The main change introduced by the Legislature regarding leave is the extension of parental leave. From the date the Act comes into effect, it will be available for:
- 41 weeks – in the case of the birth of one child at one time (previously the leave was 32 weeks)
- 43 weeks – in the case of a multiple birth (previously – 34 weeks);
There has also been a change in the leave available to parents of children with a certificate confirming a severe and irreversible disability or an incurable life-threatening illness – it will be 65 weeks or 67 weeks, depending on the number of children born.
It should be noted that each parent will be entitled to nine weeks of exclusive parental leave. This leave will not be transferable to the other parent.
It should be noted that the period during which a parent-father will be able to take paternity leave will be shortened – it will only be 12 months.
As a side note, it can be mentioned that an employee who is the parent of a child under the age of 8 will not be able to be employed (without his/her consent):
- overtime;
- at night;
- in the interrupted working time system;
- delegate outside the permanent place of work.
Such an employee will also be entitled to submit an application for flexible working arrangements.
2. Employment contract for a trial period
The legislator has also provided for an increased level of protection for employees entering into employment contracts with a trial period. Primarily, the duration of the contract will generally depend on the period for which the employer intends to employ the employee. Accordingly, if the contract is concluded for a fixed term of less than 6 months, the trial period may last one month, while if the employee wishes to be employed for a fixed term of at least 6 months but less than 12 months, the trial period may last two months. However, it will be possible to extend these periods by one month if justified by the type of work.
3. Fixed-term contract – information obligation
Employers will be required to provide a reason justifying the termination of a contract or the termination of a fixed-term employment contract (previously, this only applied to indefinite-term contracts). This will result in the possibility of appealing against the termination of a fixed-term employment contract with a request for reinstatement.
Moreover, an obligation will be introduced to notify the trade union in writing about the planned termination of an employment contract.
4. Application for change of working conditions
Under the amended regulations, an employee employed for at least six months will be able to submit a written or electronic request to their employer (once a year) to change their employment conditions. The employer will be required to respond within one month, and in the event of a refusal, they will be required to justify their decision.
authors:
