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Amendment to the Labor Code from April 26, 2023. New leaves, additional breaks

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On Wednesday, April 26, another amendment to the Labor Code this year will come into force. It is intended, among other things, to increase the predictability of employment, improve working conditions and give additional rights to working parents – indicates Grant Thornton in the guide for entrepreneurs.

The informant reminded that on February 21. On April 7, new provisions regulating the sobriety control of employees entered into force, and on April 7 – regulating provisions remote work. The amendment to the Labor Code implementing two EU directives will come into force on April 26 this year. Jolanta Zarzecka-Sawicka, partner, legal counsel at Grant Thornton, underlined that both directives aim to improve working conditions by promoting more transparent and predictable employment, while ensuring the adaptability of the labor market.

– They contribute to highlighting the social dimension of Europe, but also assume the promotion of gender equality. They are part of the implementation of the European Pillar of Social Rights. We also hope that the changes In paternity leaveparental and childcare activities will contribute to maintaining the professional activity of women (and not withdrawing from the labor market), promoting gender equality, eliminating certain stereotypes related to the division of household duties, but also, what is very important, to increasingly facilitating the reconciliation of professional and private life of employees family, said the expert.

A new period for concluding employment contracts for a trial period

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The publication indicates that from April 26, after the entry into force of the new regulations, employment contracts for a trial period may be concluded for a period not exceeding:

– 1 month – in the case of the intention to subsequently conclude an employment contract for a definite period of less than 6 months; – 2 months – in the case of the intention to subsequently conclude an employment contract for a definite period of at least 6 and less than 12 months; – 3 months – in other cases. In addition, employers will be required to indicate the reason justifying the termination or termination of the contract for a limited period. Employment contracts for a definite period of time, in force on the date of entry into force of the Act, which were terminated before that date, will be subject to the existing regulations. Information on terms and conditions of employment will have to be significantly extended, e.g. o the rules for overtime work and compensation for it, and in the case of shift work – the rules for shifting from one shift to another.

The employer will have to inform employees about vacancies and promotion opportunities. Each employee employed with a given employer for at least 6 months will be able to apply to the employer once a calendar year to change the type of employment contract to a contract for an indefinite period or for more predictable and safe working conditions.

Additional holidays and breaks from work

Employees will get two additional breaks from work: a break of at least 15 minutes if the working time is longer than 9 hours and another at least 15 minutes if the working time is longer than 16 hours. Employer will not be able to prohibit the employee from simultaneously remaining in an employment relationship with another employer; he will also not be able to include provisions in the employment contract prohibiting the employee from taking up other gainful employment, unless appropriate and well-formulated non-competition agreements are concluded. As mentioned, the employee will be entitled to a new type of employee leave not related to parenthood, so-called carer’s leave of 5 working days in a calendar year. You will be able to use it to provide personal care or support to a family member who needs it for serious medical reasons or to someone living in the same household. The employee will additionally be entitled to leave from work during the calendar year due to force majeure in urgent family matters caused by illness or accident 2 days or 16 hours. During the period of this dismissal, the employee will retain the right to half of the salary.

parental leave will be extended to 41 weeks – in the case of the birth of one child i up to 43 weeks in the case of multiple births. An employee raising a child up to the age of eight will be able to apply for flexible work arrangements. In addition, an employee raising a child under the age of eight may not, without his consent, be employed overtime, employed at night, employed in the intermittent working time system and delegated outside the permanent place of work.

Main photo source: Shutterstock



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