The biggest amendment to the Labour Code this year is now in force

On 26 April, the largest amendment to the Labour Code this year, alongside remote work regulations, came into force, introducing numerous new obligations for employers and rights for employees. The most significant changes in the Labour Code concern the content and rules for terminating employment contracts, new and extended leave and time off work, as well as rights for employee-parents. The Act implements into the Polish legal system the EU regulations — namely the Directive of the European Parliament and of the Council (EU) dated 20 June 2019 on transparent and predictable working conditions in the European Union, and the Directive of the European Parliament and of the Council (EU) dated 20 June 2019 on work-life balance for parents and carers. This article outlines the key changes.

Changes in the Labour Code from April 2023

New Rights for Employee-Parents

• Increase in the total amount of leave for both parents,
• Introduction of exclusive parental leave for each parent,
• Change in the amount of maternity benefit paid when applying for the “long” maternity leave,
• Introduction of a new type of leave — care leave,
• Raising the age of the child for which carers have additional parental rights, as well as expanding these rights (including exemption from working overtime or night shifts without the employee’s consent).

Changes in Employment Contracts

• Introduction of new mandatory provisions to employment contracts, including fixed-term and probationary contracts,
• Introduction of a new catalogue of employment information that employers must provide within a Labour Code–specified timeframe after admitting the employee to work,
• Changes in the rules for concluding, terminating and extending employment contracts, especially fixed-term and probationary contracts,
• Guaranteeing employees the right to request a change to a more favourable type of employment contract,
• Introduction of an information obligation regarding vacancies, positions and promotion opportunities for employed staff.

Changes in Work Organisation

• Introduction of the possibility to take time off work due to force majeure,
• Definition of flexible work organisation and a list of employees entitled to request its application,
• Regulation of employee training in terms of payment, scheduling, and inclusion in working time,
• Regulation of simultaneous employment of an employee by another employer (with exceptions).

Labour Code Amendment 2023: Other Changes

• Regulation of transitional provisions for ongoing employment relationships,
• Changes to employer obligations regarding employees seconded within and outside the EU,
• New regulations concerning work breaks.

ATL Law lawyers provide employers with comprehensive legal assistance in all areas relating to human resources management and labour law. If you are interested in details concerning new employer obligations, the ATL LAW team is ready to assist both in preparing a study covering all significant changes introduced by the amendment and in drafting document templates (including contracts, contract annexes, and information on employment conditions) reflecting the new regulations. We invite you to contact us.

Also read: Workplace Monitoring Regulations