Changes in the Labor Code effective from April 26, 2023

From April 26, 2023, significant changes to the provisions of the Labor Code apply. They are aimed at implementing the EU work-life balance directive, which is a set of regulations concerning various aspects of life. The aim of the changes is to provide more favorable legal solutions and work-life balance for parents and carers. Below is a list of the most important changes.

Employment contracts and employment

trial period contract

Concluded for a maximum of three months, subject to:

a) for a maximum of 1 month – in the case of the intention to conclude an employment contract for a definite period of less than 6 months;

b) for a maximum of 2 months – in the case of the intention to conclude an employment contract for a definite period of at least 6 months and less than 12 months;

– the parties may extend the periods indicated in points 1 and 2 in the employment contract for a trial period once, but not more than 1 month, if it is justified by the type of work,

– the parties may agree in the employment contract for a trial period that the contract is extended by the time of the leave, as well as by the time of other justified absence of the employee from work, if such absences occur,

– re-concluding the contract will be possible only if the employee would be employed to perform a different type of work.

fixed-term contract

– the obligation to provide reasons for the termination of the contract by the employer,

– the obligation to consult the intention to terminate the contract with the trade union representing the employee.

information on employment conditions

– transferred no later than within 7 days from the date of admitting the employee to work,

– transmitted in paper or electronic form; information, the employer may provide to the employee in electronic form, if they are available to the employee with the possibility of printing and storing them, and the employer keeps the proof of their transfer or receipt by the employee,

– significantly extended scope of information content (Article 29(3) of the Labor Code),

– not later than within 30 days from the date of admitting the employee to work, the employer informs about the name of the social security institutions to which social insurance contributions related to the employment relationship and information on the protection related to social security provided by the employer are received; this does not apply if the employee chooses a social security institution.

information when working abroad, including business trips

– prior to the employee’s departure to work or to perform a business task outside the country for a period exceeding four consecutive weeks, the employer provides the employee, regardless of the information from art. 29 of the Labor Code, information in paper or electronic form, e.g. about the time of performing work in another country and about working conditions (detailed in Art. 29(1) of the Labor Code).

New carer’s leave and force majeure dismissal

carer’s leave

– the employee is entitled to a five-day care leave during a calendar year in order to provide personal care or support to a person who is a family member or lives in the same household and needs care or support for serious medical reasons,

– this leave is unpaid,

– granted at the employee’s request submitted in paper or electronic form at least one day in advance,

– the period of the carer’s leave is included in the period on which the employee’s entitlements depend.

dismissal due to force majeure

– the employee is entitled to two days or 16 hours of leave from work during the calendar year due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary,

– during the period of the dismissal, the employee retains the right to remuneration in the amount of half of the remuneration,

– the choice of the method of using the exemption is made by the employee in the first application for such exemption submitted in a given calendar year, the choice is binding in a given year,

– an application submitted by the employee no later than on the day of using this exemption.

Working time

– increasing the number of breaks at work under Art. 134 k.p.

If the employee’s daily working time:

a) is at least 6 hours – the employee has the right to a break from work lasting at least 15 minutes;

b) is longer than 9 hours – the employee has the right to an additional break from work lasting at least 15 minutes;

c) is longer than 16 hours – the employee has the right to another break from work lasting at least 15 minutes;

– in accordance with the new Art. 94(13) of the Labor Code, if the employer’s obligation to conduct employee training necessary to perform a specific type of work or work in a specific position results from the provisions of a collective labor agreement or other collective agreement, or from the regulations, or legal provisions, or an employment contract, and in the case of training conducted by the employee on the basis of the superior’s order, such training takes place at the expense of the employer and, if possible, during the employee’s working hours; the time of training held outside the employee’s normal working hours is included in the working time,

– an employee raising a child up to the age of 8 may not be employed in overtime, at night, in the intermittent working time system or delegated outside the permanent place of work without the child’s consent.

Changes to parental leave change of application methods – instead of applications in writing, applications in paper or electronic form (concerns an application for resignation from using a part of maternity leave by an employee on the basis of Article 180 paragraphs 4 and 6 of the Labor Code and for granting a part of maternity leave to an employee – father or other member of the immediate family in the cases specified in Article 180 paragraph 4 point 1, paragraph 5, paragraph 6 point 1 and paragraph 7, paragraph 10 point 1 and paragraphs 11-13 and 15 of the Labor Code, an application for leave under the conditions of maternity leave, for parental leave or its part, for combining parental leave with work, for paternity leave, for parental leave, withdrawal of the application for this leave, application for reducing the working time of an employee entitled to parental leave;
paternity leave – an employee – a father raising a child will be entitled to paternity leave of up to two weeks, but not longer than:

a) the child is 12 months old (so far until the age of 24) or

b) 12 months have elapsed (previously 24 months) from the date of entry into force of the decision adjudicating the adoption of the child, and no longer than until the child turns 14.

parental leave

– repeal of Art. 179(1) k.p. constituting the basis for the submission of the so-called a long application for parental leave within 21 days after giving birth,

– resignation from limiting the possibility of using parental leave to those cases in which maternity leave has been used,

– parental leave of the child’s father will not depend on whether the child’s mother was in employment or sickness insurance at the time of delivery,

– introduction of a 9-week part of the leave that is not transferable to the other parent (extending parental leave by 9 weeks),

– change of the maximum length of leave in connection with combining it with work,

– determining higher parental leave periods for parents of a child with a certificate referred to in Art. 4 sec. 3 of the Act of November 4, 2016 on support for pregnant women and families “For life” (65 and 67 weeks),

– significant changes in the scope of applying for leave and its parts.

Dismissal protection

– during pregnancy and during maternity leave, as well as from the date of submission by the employee of an application for maternity leave or a part thereof, a leave on the terms of maternity leave or a part thereof, paternity leave or a part thereof, parental leave or a part thereof – until the end of this leave, the employer may not:

a) lead preparations for the termination or termination without notice of the employment relationship with this employee;

b) to terminate or terminate the employment relationship with that employee, unless there are reasons justifying the termination of the contract without notice due to their fault and the enterprise trade union organization representing the employee has consented to the termination of the contract;

– if the employee submits the application earlier than within the time limits specified in Art. 180 pairs 9 k.p., art. 182(1d) par. 1 c..p. or in Art. 182(3) par. 2 k.p. these bans become applicable on:

a) 14 days before the start of using part of the maternity leave and part of the leave under the conditions of maternity leave;

b) 21 days before the start of parental leave or its part;

c) 7 days before the start of paternity leave or its part;

– the above protection covers employment for a trial period, regardless of the period for which the contract is concluded.

Flexible work organization

– flexible work organization includes: remote work, interrupted working time system, weekend work system, shortened working week system, flexible (variable) working time schedules under art. 140(1) of the Labor Code, individual working time schedules, reduction of working time;

– an employee raising a child up to the age of 8 is entitled to submit an application for flexible work organization,

– the application is submitted in paper or electronic form, not less than 21 days before the planned start of using the flexible work organization,

– the employer considers the application, taking into account: the needs of the employee, the date and reason for the need to use flexible work organization, the needs and possibilities of the employer, including the need to ensure the normal course of work, work organization or type of work performed by the employee,

– the employer is obliged to inform the employee in paper or electronic form about the application or the reason for refusing to accept the application, or about a different possible date for applying flexible work organization than indicated in the application, within 7 days from the date of receipt of the application.