Prawo pracy 2022/2023 – nowe obowiązki i zakazy dotyczące pracowników delegowanych – English

Amendment to the Labour Code

The past months and the beginning of next year mark a period of intensive amendments to important labour law provisions, including those concerning posted workers. These changes are connected with the implementation process of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.07.2019, p. 105) into Polish law. The general objective of the Directive is to promote safer and more predictable employment, while simultaneously ensuring labour market adaptability and improving living and working conditions within the European Union.

Posted Workers Regulations 2022/2023

Changes introduced in the Labour Code as of August 2022 have brought significant amendments regarding posted workers. These primarily concern new information obligations and protective regulations related to the posting of employees who are parents of minor children.
According to the provision contained in Article 29 (1) § 2 of the Labour Code, effective from 1 August 2022, before an employee departs to work or perform a business task in a country that is a member of the European Union or in a non-EU country for a period exceeding four consecutive weeks, the employer is obliged to provide the employee, in addition to previously listed information, with information in paper or electronic form concerning:

1. the country or countries where the work or business task abroad is to be performed;
2. the expected duration of such work or business task;
3. the currency in which the employee’s remuneration will be paid during the period of performing the work or business task abroad;
4. any monetary or in-kind benefits related to performing the work or business task abroad, where such benefits are provided for by labour law provisions, internal regulations, statutes, collective labour agreements, or other collective agreements, unless otherwise stipulated in the employment contract;
5. whether the employee’s return to the home country is guaranteed or not;
6. the conditions of the employee’s return to the home country – in the event that such return is guaranteed.

Informing the employee about the currency in which remuneration will be paid abroad, as well as any changes to this condition, may be done by referring in paper or electronic form to the relevant labour law provisions, pursuant to Article 29(1) § 3 of the Labour Code.

Labour Code Amendment Regarding Parents of Children up to 8 Years Old

Following the August amendment to the Labour Code, the age of the child (previously up to 4 years) has been extended to 8 years. This results in a longer period during which an employer may not, without the employee’s consent, require the employee to work overtime, during night hours, in a split-shift work system, or post the employee away from their regular workplace. It is worth noting that parents of children up to 8 years old have been entitled to this right since the date the amendment came into effect (i.e., from 1 August). This provision is set out in Article 178 § 2 of the Labour Code.
 

We Invite You to Use Our Services

ATL Law lawyers provide employers with comprehensive legal assistance in all areas of human resource management and labour law. We also advise businesses on matters related to the international mobility of employees, including tax and social security issues. We support companies in fulfilling formalities connected with posting employees abroad, both to EU countries and outside the European Union, as well as relocations and the work of posted employees within Poland. We invite you to explore our service offerings related both to labour law and specifically to employee mobility.