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Tuesday, May 28, 2024

Labor Code. Amendments to employment contracts, parental leaves – vote in the Sejm

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The Sejm voted to amend the Labor Code. The solutions prepared by the Ministry of Family and Social Policy include, among others, longer parental leave, flexible work organization for parents of small children and a new carer’s leave.

439 deputies voted for the amendment to the Labor Code, 6 were against and 6 abstained.

The amendment to the Labor Code is aimed at implementing two EU directives on the so-called work-life balance. It is about the directive on transparent and predictable working conditions in the European Union and the so-called parental directive.

parental leave

The regulation applies to, among others: holidays and working hours, incl parental leave. Employees and employees will have an individual right to it. The right of a father raising a child to parental leave will be made independent of the child’s mother remaining in employment (insurance) on the day of childbirth.

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Moreover, as part of the parental leave, a non-transferable part of this leave will be introduced, up to 9 weeks, for each parent. 70% will be implemented. maternity allowance for the entire period of parental leave for both parents.

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.

New carer’s leave, redundancies “due to force majeure”

According to the amendment, an employee will be able to take advantage of unpaid care leave of 5 days in a calendar year. Leave will be available to provide personal care or support to a relative (son, daughter, mother, father or spouse) or householder who needs care or support for serious medical reasons. You will not be paid for this leave.

The possibility of taking leave from work “due to force majeure” will also be introduced. The exemption will be available for urgent family matters for 2 days or 16 hours per calendar year. For the time of this dismissal, the employee will retain the right to half of the remuneration.

The regulations will include two additional breaks, which will be included in the working time. The employee will have the right to a second break of at least 15 minutes if the employee’s daily workload is longer than 9 hours, and a third break of at least 15 minutes if working hours employee is longer than 16 hours.

According to the regulation, a wider use of flexible work organization will be enabled, including through remote workflexible working time schedules (flexible working time, individual working time, weekend working time, shortened working week and interrupted working time) and part-time work.

Job contract

The amendment also introduced solutions concerning employment contracts. An employee who has been working for at least 6 months will have the right to apply, once a year, for a change in the type of contract – for an employment contract for an indefinite period or for more predictable and safe working conditions. He will also have to receive a written response to this request, together with the reasons.

The scope of information on the conditions of employment of an employee will also be extended. For example, information about the right to training or the length of paid leave. This will also apply to a worker sent to work in an EU country or a third country and a posted worker.

In addition, a clear ban will be introduced to forbid an employee, in principle, to remain in an employment relationship with another employer at the same time. There will also be a ban on subjecting an employee to unfavorable treatment on this account.

The employee will also have the right to free training included in the working time, which will be necessary to perform a specific type of work or in a specific position. This will be possible 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: Shutterstock

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