Amendment to the Labour Code – delay in the implementation of EU directives

Significantly changing the rights and obligations of employers and employees as well as widely commented, planned amendments to the Act of June 26, 1974, the Labour Code, intended to implement EU directives (i.e. Directive of the European Parliament and of the Council (EU) 2019/1152 of June 20, 2019 on transparent and predictable working conditions in the European Union and Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU), and whose implementation date by EU Member States was set on August 1, 2022 and August 2, 2022, respectively, did not enter into force into the Polish legal system in the above-mentioned dates.

Please be reminded – the planned changes concern in particular, but not exclusively:

  • increasing the annual number of days of leave by additional days of special leave, paid in half the daily rate or unpaid leave,
  • change to the conditions of concluding employment contracts for a probationary period,
  • changing the terms of termination of employment contracts by employers for a specified period with the notice period by introducing the obligation to justify the employer’s decision to terminate the employment relationship,
  • introducing a 9-week paternity leave,
  • a significant extension of the “Information on employment conditions” provided to the employee by the employer upon commencement of work,
  • the possibility of submitting applications for changing the type of work or working time by employees, which the employer will be obliged to recognize and take into account (if possible) under penalty of a fine.

According to media reports, the planned deadline for the implementation of the changes into Polish labour law is the beginning of 2023. However, given the significant differences between the European and national legal orders, as well as the pace of work to date and its current stage, according to some commentators, this deadline may be postponed again.

We will keep you updated on the progress of the legislation – please follow the news on our website.

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