Poland Labor law 2023 – summary of the most important changes
There have been many amendments to the law in the past year. Labor law was also changed. In 2023, the most important changes included the content of employment contracts, the rights and obligations of the parties to the employment relationship, and introduced new days off. What are the most important changes in labor law this year?
The most important changes in employment contracts
This year’s amendment to the Labor Code resulted in many changes to employment contracts. They apply to contracts for a trial period, as well as for a fixed and indefinite period. What exactly has changed?
Contracts for a trial period after the changes from 2023.
In employment contracts for a trial period, the employer must include information about the parties to the employment relationship, indicate the type of contract, the date of its conclusion, the duration or termination date of the contract, and the working and pay conditions. Additionally, after this year’s changes, the entrepreneur must include information about the employer’s registered office in the contract. If he is a natural person, the boss’s address of residence must be included in the employment contract for the trial period. In addition, the trial period contract must include information on the possibility of extending the contract by the period of leave or other justified absence of the employee from work, if such absences occur. It is worth adding that after the changes, “the parties may extend the periods in the employment contract for a trial period once, but not more than by 1 month, if it is justified by the type of work” (Article 25 § 2 3 of the Labor Code ).
Changes in labor law in 2023 and fixed-term and indefinite-term contracts
Similarly to a trial period contract, the employer must inform the subordinate about the duration or end date of the fixed-term contract. The content of the contract for a fixed and indefinite period must include information on the daily and weekly working time standard applicable to the employee as well as the daily and weekly working time. If an employee performs work in several places, the entrepreneur is obliged to include in the contract information on the rules of travel between places of work. The employer must include information about the employee’s breaks at work in the contract. In addition, the employment contract must include information about the employee’s daily and weekly rest period. What else should be included in such an agreement? Among others rules for overtime work and compensation for it, and in the case of shift work – rules for changing from shift to shift. The contract must include information about remuneration components and benefits in cash or in kind other than those specified in the employment contract. The content of the contract should include the amount of paid leave to which the employee is entitled and the rules for terminating the employment relationship. What else is to be included in fixed-term and indefinite-term employment contracts from this year according to changes in labor law in 2023? For example, information about the employee’s right to training and the collective labor agreement or other collective agreement to which the employee is covered, and in the case of concluding a collective agreement outside the workplace by joint bodies or institutions – the name of such bodies or institutions. And if no work regulations have been established, the employment contract must include information on the date, place, time and frequency of payment of remuneration for work, night time and the method adopted by a given employer for employees to confirm their arrival and presence at work and justify absence from work. .
Changes in labor law and the employee’s right to parallel employment
Changes to the labor law of 2023 prohibit employers from limiting their subordinates’ parallel employment in another company. The abolition of the ban covers not only cooperation based on an employment contract, but also on the basis of civil law or cooperation contracts. However, the regulations provide for an exception to this rule. An employer may conclude a non-competition agreement with an employee. Then the employee will not be able to take up employment in another company at the same time.
The right to change employment conditions
Currently, an employee who has been employed for at least 6 months may submit a request to the employer to change the terms of employment. He can do this once a year. The employer, in turn, is obliged to read its content and respond to the request, taking into account the employee’s expectations. The law imposes specific deadlines on entrepreneurs within which they must respond to the application. According to labor law, the employer must respond to the employee’s request to change the terms of employment no later than within one month. If the entrepreneur issues a negative decision, he or she must indicate to the employee the reasons for the negative response.
Greater employee protection against dismissal according to changes in labor law in 2023.
This year’s changes in labor law better protect employees against dismissal. Currently, in a declaration of termination of an employment contract concluded for a fixed or indefinite period, the employer must indicate the reason justifying the termination. In addition, he must notify the trade union representing the employee of his intention to terminate the employee’s employment contract.
It is worth knowing that an entrepreneur cannot justify the termination of an employment contract:
the employee submits a request to change the type of employment contract to an open-ended contract or more predictable and safe working conditions
simultaneous employment in another workplace under an employment contract, mandate contract or contract for specific work
seeking information about employment conditions or their changes
exercising the right to reimbursement of training costs and including training time in working time ( www.gov.pl ).
If an employee brings a claim to the labor court, the burden of proof is reversed. This means that before the justice system, the employer will have to prove that when terminating the employment contract he was guided by reasons other than those mentioned above.
In addition, the employer cannot terminate or terminate the employment contract with the employee:
- during pregnancy,
- during maternity leave,
- from the date of submission of the application for granting by the employee to the date of completion:
- maternity leave or part thereof
- leave under the terms of maternity leave or part thereof, paternity leave or part thereof
- parental leave or part thereof.
- During the above-mentioned periods, the entrepreneur cannot also make preparations to dismiss the employee.
Additional breaks during work
From this year, an employee is entitled to care leave to provide personal care or support to a family member or person living in the same household who requires care or support for serious medical reasons. The employer receives 5 days a year for this purpose. It is worth emphasizing that he is not entitled to remuneration for these days. Employees are also entitled to leave from work due to force majeure. We are talking about urgent family matters caused by illness or accident. An employee is entitled to this type of leave of 2 days or 16 hours during a calendar year. Changes to labor law in 2023 also include longer parental leave to care for a child of up to 41 weeks – in the case of the birth of one child at one delivery and 43 weeks – in cases of multiple births.
Sobriety check of employees
The labor law of 2023 also introduces the right to control the sobriety of employees and the presence of intoxicants. The entrepreneur may carry out an inspection as part of preventive measures and on the basis of reasonable suspicion that the employee is under the influence of alcohol or another substance with a similar effect.
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