As of Tuesday, additional rights are in force for employees dealing with the effects of flooding and for employers who will be forced to redirect employees, for example to remove the effects of flooding, informs labor law expert Monika Smulewicz.
The Regulation of the Council of Ministers on the list of communes in which special solutions related to removing the effects of flooding and the solutions applied in their territory has just been published in the Journal of Laws.
Monika Smulewicz, CEO of the HR na Szpilkach project, in a comment sent to the business editorial office of tvn24.pl, emphasizes that “the indicated regulation triggers the provisions of the Act of September 16, 2011 on special solutions related to the removal of flood effects.”
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New regulations – what do they change for employees?
New rights for employees and employers are included in Article 8 of the Act of 16 September 2011 on specific solutions related to removing the effects of flooding.
They show, among other things, that the actual impossibility of performing work due to the flood constitutes a basis for justifying the absence employee at work.”
“For the period of justified absence from work for the reason referred to in paragraph 1, the employee is entitled to an appropriate part of the minimum wage, determined on the basis of separate provisions, for a period not longer than 10 working days resulting from the employee's work schedule” – we read in the act.
Remuneration for the period of justified absence is paid by the employer.
The above provision does not apply to employees whose “entitlement to remuneration for the period of justified absence from work due to flooding or to another form of compensation for lost remuneration on this account results from separate provisions”.
The Act also contains provisions enabling entrusting an employee with other work than that arising from the employment relationship.
“The employer may entrust the employee with the performance of work of a different type than that resulting from the established employment relationship, if this is necessary in connection with the removal of the effects of a flood at that employer. In such a case, the employee retains the right to the previous remuneration, calculated according to the rules applicable to calculating remuneration for the period of annual leave,” the legislator notes.
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