Employment Practice Linklaters | Newsletter

We would like to present to you the autumn edition of our Newsletter, summarizing current news and legislative proposals, as well as the most important case law and positions of authorities.

In particular, we would like to highlight: the adopted facilitations of remote work from abroad regarding social security (for cross-border employees as well as for employees temporarily working remotely from abroad), changes in the civil procedure resulting in the controversial possibility of the court obliging the employer to continue employing dismissed protected workers for the duration of court proceedings, or the abolition of the obligation to pay a fee in labour law litigations.

Although we do not expect that the flagship regulations, which have been in the legislative process for a long time, will be adopted this autumn, especially those concerning whistle-blowers, we caution that probably they are anticipated to be widely applicable almost immediately (entities employing 50+ people (in the broad sense of employment)). We also emphasise the need to prepare for the revolution introduced by the Pay Transparency Directive – systemic changes in remuneration rules may be necessary – these should be spread over time and the risks associated with them should be mapped. After the period of working under time pressure, it is also worth systematizing the adopted procedures and solutions regarding remote work and several other obligations of employers resulting from the latest amendment, and make sure that all new requirements have been identified and are being implemented.

Important issues:

1. Changes to the law

• Remote work from abroad: facilitations of social security coverage
• Changes in civil procedure
• Minimum remuneration in 2024
• Higher contribution to the company's social benefits fund in 2023
• New bridging benefit
• Increased allowable amount of expenditure on employee meals (exempted from social security contributions)
• Remuneration of juveniles and a list of work prohibited for them changed and to be adjusted accordingly by the employers
• New law on employee participation in cross-border transformations, divisions or mergers of companies
• Extension of legal stay of Ukrainian citizens (extension of temporary protection)

2. Relevant issues

• Periodic medical examinations of employees in connection with the lifting of the state of epidemic threat – time until December
• Need to replace telework with remote work, the end of remote work at the request of the employer – need to update internal procedures
• Mandatory part “E” of the employee personnel file (even in the absence of sobriety checks)

3. Legislative work

• The platform directive may also limit engaging under civil law contracts
• There is still no whistleblower act
• The pay transparency directive

4. Positions and interpretations

• Probationary employment contracts
• New rules for granting breaks from work: additional break depending on actual working time
• Time off due to force majeure and entitlement to sick pay
• Taxation of lump sum for remote work
• GDPR training after transfer of part of employment establishment
• Increased contribution to the company social benefits fund and the amount of holiday pay

5. Important case-law on employment matters

• Mobbing does not have to be intentional
• Food poisoning is an accident at work
• Attention to provisions providing for more favourable employment terminatation terms