Work-life balance on April 26, 2023

spółka jawana

On March 23, the President signed an amendment to the Labour Code. The amendment implements the directive of the European Parliament and the Council (EU) 2019/1152 of June 20, 2019, on transparent and predictable working conditions in the European Union (EU Official Journal L 186 of July 11, 2019, p. 105) and the directive of the European Parliament and the Council (EU) 2019/1158 of June 20, 2019, on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (EU Official Journal L 188 of July 12, 2019, p. 79).

The new regulations will come into force on April 26, 2023, and introduce a number of changes to the Labour Code.

Changes resulting from the work-life balance directive:

Flexible work organization: This will involve employees adapting their work organization to individual needs through flexible working hours (flexible schedules, individual working time, shortened workweek, weekend work, and interrupted working time) and part-time work. Leave due to force majeure: Employees will be entitled to leave in urgent family matters caused by illness or accidents, up to 2 days or 16 hours per calendar year. During this time, the employee will retain the right to receive 50% of their salary calculated as vacation pay. Unpaid care leave, 5 days: This aims to provide personal care or support to a family member (son, daughter, mother, father, or spouse) or someone living in the same household who requires significant care or support for serious medical reasons. Two additional breaks counted as working time: Employees will have the right to a second break of at least 15 minutes if their daily working hours exceed 9 hours; they will be entitled to a third break of at least 15 minutes if their daily working hours exceed 16 hours. Parental leave: The father’s right to parental leave will not depend on the mother’s employment (insurance) on the day of childbirth. Within parental leave, a non-transferable portion will be introduced, up to 9 weeks for each parent, along with a 70% maternity allowance for the entire duration of parental leave for both parents. The employee will be protected from the moment of submitting an application for maternity or parental leave. Working parents of children under 8 years old will be able to refuse overtime work or business trips. They will also be able to apply for remote work.

Changes resulting from the directive on transparent and predictable working conditions:

Obligation to justify the termination of fixed-term employment contracts, consultation with trade unions, and the possibility of applying for reinstatement. Changes in the probationary period: The probationary period will be proportional to the expected duration of the fixed-term employment contract and the type of work. Re-entering into a probationary period with the same employee will only be possible if the employee is employed to perform a different type of work. Regulations will be introduced to allow for the agreement between the parties to extend the probationary period by the duration of the employee’s absence from work due to justified reasons during the probationary period. Furthermore, if an employee believes that the termination of a fixed-term employment contract or the application of an action with equivalent effect was due to exercising the aforementioned rights, they will be able to submit a request to the employer, in written or electronic form, within 7 days of the employer’s statement of terminating the probationary employment contract or applying an action, to indicate the reason justifying such termination or action (Article 294 § 3 of the Labour Code). Right to concurrent employment: An employer will not be able to prohibit an employee from simultaneously working for another employer, unless the parties