Further amendments to the Polish Labour Code are on the home straight

The changes include modification of current and introduction of new employee’s rights. Below we present some of the most significant.

Flexible working arrangements will be extended to include the following:

• remote working,
• part-time working,
• flexible working time,
• individual working time pattern,
• weekend work system,
• reduced working week.

Now, an employee with at least six months’ service with the same employer will have the right to request for his or her employment contract to be converted into an open-ended employment contract or to request for more predictable and secure working conditions. Such a request may be submitted once a year. Furthermore, terminating a fixed-term employment contract will have to be substantiated and consulted with trade unions.

Additionally, a father’s entitlement to a parental leave will no longer depend on the child’s mother being employed at the time of giving a birth. A portion of parental leave of up to 9 weeks for each parent cannot be transferred. A maternity allowance for the entire parental leave for both parents will be 70% of a assessment base.

Under a new law, an employee will have the right to request an unpaid carers’ leave of five working days per year to look after or support a relative due to a serious medical reason. In addition, an employee may take a time off from work on grounds of force majeure for urgent family reasons in the case of illness or accident. This time off may be up to 2 days or 16 hours in a given calendar year and an employee will retain the right to 50% of his or her remuneration.

The amending act also introduces additional breaks during working time. In addition to the current 15-minute break included in working time, an employee will be entitled to a second 15-minute break if the daily working hours exceed 9 hours, as well as a third break of at least 15 minutes if the daily working hours exceed 16 hours.

The employee who is a parent of a child under the age of 8 may refuse a work assignment if it falls outside normal working hours or may refuse to go on a business trip.

Finally, according to the amendment, an employer may prohibit an employee from taking up employment with other employers only based on a non-competition agreement.

The law will take effect 21 days after the President signs the amending act. Given the very broad scope of the changes, employers should start preparing for their implementation already now. Should you require any assistance with the above, Deloitte Legal HR Law team will be happy to accommodate your needs.