We would like to signal that a very important amendment to the Labor Code will enter into force in the near future. It is a draft act amending the Labor Code and certain other acts (UC no. 118), which aims to implement into the Polish legal system the provisions 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 and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18 /EU. Below, we indicate the issues that will be covered by this amendment.

1. Extending the scope of information on conditions of employment of the employee, which will include additional elements (e.g. information on trainings provided by the employer, information on the length of the paid leave due to the employee).

2. Changes regarding fixed-term employment contracts:

– introducing an obligation to justify the termination of a fixed-term employment contract,

– introducing an obligation to consult the trade union in the event of termination of a fixed-term employment contract,

– introducing the possibility of applying for reinstatement in the event of termination of a fixed-term employment contrach.

3. Changes regarding employment contracts for a trial period:

– the trial period will be proportional to the estimated duration of a fixed-term employment contract and the type of work,

– making it possible to re-conclude an employment contract for a trial period with the same employee only if the employee will be employed to perform a different type of work,

– introducing a regulation enabling the parties to the employment contract to agree to extend the employment contract for a trial period for the duration of the employee’s absence from work in the event that the employee was absent for justified reasons during the term of such a contrach.

4. Providing the employee with the right to concurrent employment by enabling the employee to be in employment relationship with another employer at the same time and by prohibition of subjecting the employee to unfavorable treatment for this reason.

5. Providing an employee who has performed work for at least 6 months with the right to apply (once a calendar year) for a change of the type of employment contract to an employment contract for an indefinite period or for more predictable and safe working conditions and to receive a written response to this request with justification within 1 month of receipt of the request.

6. Granting the employee the right to unpaid training necessary to perform a specific type of work or on a specific position in the event that, under the law, collective labor agreement, other collective agreement or regulations, such training will take place at the employer’s expense and, if possible, during working hours; training time performed outside working hours will be included in the working time.

7. Regarding parental leave:

– introducing an individual right to parental leave for female and male employees. The total length of this leave for both parents will be up to 41 weeks (in the case of giving birth to one child at one birth) or up to 43 weeks (in the case of multiple birth); the total length of leave for both parents of seriously ill children will be 24 weeks longer, i.e. up to 65 weeks (in the case of giving birth to one child) or up to 67 weeks (in the case of giving birth to twins),

– independence of the right to parental leave from the child’s mother’s employment (insurance) on the day of childbirth,

– introduction, within the abovementioned duration of parental leave, of the non-transferable part of this leave of up to 9 weeks for each parent (this means that each parent can take up to 32/34 weeks of this leave, and in the case of parents of seriously ill children – 56/58 weeks),

– determining the amount of maternity allowance for the entire period of parental leave at 70% of the basis of allowance calculation (however, if an employee submits a relevant application no later than 21 days after the childbirth, the monthly maternity allowance for the period of maternity and parental leave will be 81.5% of the basis of allowance calculation; in each case, the employee – the father of the child, for the non-transferable 9-week part of the leave, will be entitled to an allowance in the amount of 70% of the basis of allowance calculation).

8. Introducing a carer’s leave – 5 days in a calendar year – in order to provide personal care or support to a relative (son, daughter, mother, father or spouse) or to a member of the same household who requires care or support for serious medical reasons, without retaining the right to remuneration for the period of this leave.

9. Introducing the release from work due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary – 2 days or 16 hours in a calendar year, with the right to half of the remuneration for the duration of this absence (calculated such as holiday pay).

10. Enabling a wider use of flexible work organization in order to increase the rights of the employee adapting his work organization to individual needs, including:

– telework,

– flexible working time schedules (flexible working time, individual working time schedule, weekend working time system, shortened working week system and interrupted working time),

– part-time work.

The possibility of wider use of flexible work organization will be available to parents caring for a child up to 8 years of age and to carers, i.e. employees providing care or support to a relative or to a member of the same household, who require significant care or support for serious medical reasons. Rejection of an application for flexible work organization will require the employer to provide a written justification.

11. Shortening the period during which it will be possible for an employee – a father raising a child, to take paternity leave – from 24 to 12 months from the child’s birth (the directive links this right to the birth of a child); the period for taking paternity leave by an employee who adopted a child at the statutory specified age will be shortened accordingly.

12. Introducing protection for the employee against any unfavorable treatment by the employer or negative consequences for the employee in the event of a breach of labor law provisions against him due to the employee exercising his / her rights; the protection will also apply to an employee who has provided any form of support to an employee exercising the rights arising from the violation of labor law.

13. Prohibiting any preparation for dismissal of employees and, in principle, termination of employment during pregnancy and during maternity leave, as well as from the date of application by the employee for granting: maternity leave or part thereof, leave on the terms of maternity leave or part thereof, paternity leave or part thereof, parental leave or part thereof – until the end of this leave and carer’s leave and taking such leave, as well as due to applying for flexible work organization.

14. Extension from 4 to 8 years of age of a child to which the employer may entrust the employee – only upon his consent – with overtime work and work at night, apply interrupted working hours and delegate outside the permanent place of work.

15. Clarification that the use of the reduced working time by an employee entitled to child-care leave does not affect the length of this leave.

16. Clarification that the rules for granting a leave from work referred to in art. 188 of the Labor Code, on an hourly basis, shall apply accordingly to an employee for whom the daily working time standard is lower than 8 hours.

17. Introducing the possibility of submitting applications in paper or electronic form for employees applying for parental rights referred to in section VIII of the Labor Code, as well as for carer’s leave.

18. Introduction of two additional breaks from work included in the working time:

– a second break lasting at least 15 minutes, included in the working time, if the employee’s daily working time exceeds 9 hours of work,

– the third break lasting at least 15 minutes, included in the working time, if the employee’s daily working time is longer than 16 hours.