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Changes in the Labor Code. Senate amendments

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Senators introduced 45 amendments to the amendment to the Labor Code, which aims to implement two EU directives. The new regulations assume changes in parental leave, flexible work organization for parents of young children and introduce a new carer’s leave.

During the vote for the entirety of the amendment, including the amendments, 95 senators voted for it, no one was against it. One person abstained from voting. Now MPs will take up the bill again.

The amendment implements two EU directives on the so-called work-life balance – a directive on transparent and predictable working conditions in the European Union and the so-called parental directive. Applies to e.g. holidays and working hours, incl parental leaveto which employees will have an individual right.

Parental leave, maternity allowance, carer’s leave

The father’s right to parental leave will not depend on the child’s mother remaining in employment (insurance) on the day of childbirth. As part of parental leave, a non-transferable part of up to 9 weeks will be introduced for each parent, as well as a 70% maternity allowance for the entire period of parental leave for both parents.

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Currently, the maternity allowance is paid in the amount of 100 percent. the basis for the allowance for the first 6 weeks of parental leave and 60 percent. the basis for calculating the allowance for the remaining part of this leave – this means that currently the maternity allowance for the period of parental leave is on average 67.5 percent. benefit calculation basis.

An employee will also be able to take advantage of five days of unpaid carer’s leave in a calendar year to provide personal care or support to a relative (son, daughter, mother, father or spouse) or a person staying in a common household who needs care or support for serious reasons medical.

Senate proceedingsPAP/Radek Pietruszka

Leave from work, extra breaks

The amendment also introduces the possibility of taking leave from work “due to force majeure” to be used in urgent family matters for 2 days or 16 hours in a calendar year, while retaining the right to half of the salary.

Two additional breaks will also be included in the working time. An employee will be able to take a second break of at least 15 minutes if his/her daily working time is longer than 9 hours, and a third break of at least 15 minutes – in the case of over 16-hour working hours. working time.

The amendment will enable a wider use of flexible work organization, incl remote workflexible working time schedules (flexible working time, individual working time, weekend working time, short-week and interrupted working time) and part-time work.

Contracts, terms of employment, training

Pursuant to the amendments to employment contracts, an employee who has worked for at least 6 months will have the right to apply, once a year, for changing the type of contract to an employment contract for an indefinite period or for more predictable and safe working conditions.

The amendment also extends the scope of information on the terms and conditions of employment of an employee – including those sent to work in EU or third countries and those posted – with, for example, information on the right to training or the length of paid leave. There will also be prohibitions prohibiting an employee from simultaneously remaining in an employment relationship with another employer, as well as his unfavorable treatment on this account.

The employee will also have the right to free training, included in the working time, which is necessary to perform a specific type of work or in a specific position, if the right to such training results from the provisions of a collective labor agreement or other collective agreement or from the regulations or provisions of the labor law.

Main photo source: PAP/Radek Pietruszka



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