BUSINESS
New regulations in Polish Labour Code
We talk to Michał Lisawa, LL.M, Attorney-at-law and head of the employment practice at Baker McKenzie about the changes that await us this year after the entry into force of the amendment to the Polish Labour Code.
FOCUS ON Business: We have been hear-
4 years old, without their consent, in over
the parental leave will be extended from
ing a lot recently that the amendment
time, night shift, the system of interrupted
32 to 41 weeks in the case of birth of
to the Polish Labour Code, which comes
working time or to post them outside of
one child and from 34 to 43 in the case
into force in a few months, aims to
their regular place of work. This prohi
of birth of more than one child. This
ensure a balance between work and pri-
bition will be extended to parents taking
leave could still be taken by each of
vate life of working parents and carers.
care of children of up to 8 years old.
the parents. However, each parent will
What specific regulations are to provide
Employees taking care of children
have the exclusive right to 9 weeks of
these groups of employees with a better
of up to 8 years old will also have the right
parental leave from the above total dura
"work-life balance”?
to request a flexible organization of work,
tion of the leave. This right cannot be
Michał Lisawa, Baker McKenzie:
that is, applying the telework, a flexible
transferred to another parent.
These changes result from the EU directive
working time system (e.g. interrupted
In addition, the protection of em
2019/1158 on work-life balance for parents
working time, shortened working week or
ployees making use of their right related
and carers. They are meant to make it
weekend work), flexible working hours,
to parenthood will be extended. First,
easier for parents to reconcile work and
individual working schedule or decreased
as a rule, the protection against dis
family life. Poland is obliged to implement
working hours. However, the employer
missal will cover not only employees on
these new laws until 1 August 2022.
will be able to reject such a request by
leaves related to parenthood, but also
providing justification related to its needs
those granted a flexible organization of
and capacity.
work. Second, such protection will also
In particular, employees will gain the right to 5 days of special unpaid carers' leave per year. It can be taken in order
cover all preparations in connection with
to ensure personal care of or support
The changes also concern issues related
an intention of dismissing an employee.
for a family member or a person living
to maternity, parental and childcare
Third, the protected status will start on
in the same household, which requires
leaves. There will be, among others
the day of submitting a relevant request
care or support due to important medi
the extend of scope of protection for
by the employee for a leave or a flexible
cal reasons.
employees on maternity leave, leave on
organization of work. The prohibition of preparations in
Changes result from the EU directive 2019/1158 on worklife balance for parents and carers. They are meant to make it easier for parents to reconcile work and family life.
connection with an intention of dismiss ing an employee seems particularly con troversial. It is not clear exactly what actions of the employer will be forbid den. For example, one could wonder if this prohibition covers also conducting
20
Employees will be also entitled to
the terms of maternity leave and paren-
employment analysis or gathering opi
time off from work of 2 days or 16 hours
tal leave. Employers, while employees
nions about a particular employee.
per year due to force majeure, for urgent
being on the said leaves, not only, as
family reasons in the case of illness or
a rule, will not be able to terminate
The changes are also to concern length
accident making the immediate attend
their employment relationship with
of the trial period. How long then will
ance of the employee indispensable.
them, but also will not be able to con-
employees and employers be able to
Employees will retain the right to half of
duct preparations in connection with
work or employ under a probation
their remuneration during such time off.
the intention to part with the employee.
employment contract?
Currently, it is prohibited to hire
These changes also result from
Currently, the probation period
employees taking care of children of up to
the EU directive 2019/1158. In particular,
cannot exceed 3 months, regardless of
Focus on Business | May–June 2022
