The end of the epidemic emergency and the rights and obligations of employers

On July 1, the state of epidemic emergency and related restrictions, orders and prohibitions were canceled by the decree of the Minister of Health dated June 14, 2023, Official Gazette 2023 item 1118. It has not been replaced by an epidemic state. For employers, this means a number of changes. The state of epidemic was in effect in Poland from March 20, 2020. At the end of April 2022, the Minister of Health announced that the epidemic state would transition in mid-May 2022 to a state of epidemic emergency, which operated until June 30, 2023.

Return of old duties

1. Mandatory periodic examinations will return once the state of epidemiological emergency is lifted.

2. changes to remote working and the use of flexible working hours.

3. The employer may not unilaterally terminate with 7 days’ notice the non-compete after the termination of the relationship that is the basis of employment (employment contract, civil law contract).

4. Changes in severance payments and salaries, the provision limiting the amount of compensation or severance pay will be abolished.

5. Changes in outstanding leave – the rules for granting outstanding leave will cease to apply. Thus, an employer will not be able to send an employee on a leave of absence at a date of his choice without his consent.

6. Employers will be obliged to return to the higher amount of the allowance for the Social Security Fund, established in collective bargaining agreements or salary regulations.

7. receipt of registered mail – mail that cannot be considered delivered during the epidemic emergency or epidemic state will be considered effectively delivered after 14 days from the day the epidemic emergency is lifted.

8. Changes to disability certificates – disability certificates and degree of disability certificates that expire after March 8, 2020, will be valid until the expiration of the 60th day from the day the epidemic emergency is lifted.