11 八月 2022 Monika Krzyszkowska-Dabrowska Employment and Incentives

Employment Practice: Newsletter

Legislative work is underway to implement the directive on transparent and predictable working conditions. These regulations will probably not be adopted until the autumn, despite the fact that the draft act amending the act – the Labour Code and some other acts has already been prepared. The deadline for implementation was 1 August 2022, but it is still unclear how soon the draft will go to further work in the Sejm.

Through a series of our alerts, we would like to prepare you for the upcoming changes that will result in the need to modify the document templates used, as well as corporate practices and policies related to employment or terminations of employment. We discuss the significant proposed changes, which may still heavily evolve during further parliamentary work.

Important issues:

The draft act amending the Labour Code, aimed at implementing the provisions of the Directive on transparent and predictable working conditions in the European Union, provides for, among others:

  • new content of the employment contract, which, after the new regulations enter into force, will also specify, inter alia, components of remuneration, duration, or end date of employment contracts for a trial period and of fixed-term employment contracts, as well as the possibility of extending the contract for a trial period for the duration of justified absence;
  • new content of the information on employment conditions, supplemented with, inter alia, rules for overtime work and compensation for it, rules for moving between several places of work, information on the right to trainings and general principles of the employer's training policy;
  • obligation to provide additional information to posted workers prior to their departure for a period exceeding 4 consecutive weeks, inter alia, on the country in which the work is to be performed, about benefits in cash or in kind related to the performance of work, and whether the return to the country is provided or not ensured;
  • differentiation in periods for which employment contracts for a trial period are concluded preceding the conclusion of a fixed-term contract; it will be permissible to include in the employment contract a provision extending the trial period by the duration of vacation or excused absence;
  • changing the rules for terminating fixed-term employment contracts by requiring the employer to provide the reasons and consulting on the intention to terminate this type of contract;
  • the employer will not have the right to prohibit the employee from taking up parallel employment and to provide that as the basis for termination of the employment contract with the employee;
  • the right of an employee employed by a given employer for a period of at least 6 months to apply for a change of the type of work performed, change of employment contract to an indefinite period or full-time employment (once per calendar year), with the simultaneous obligation to respond to the application by the employer (with justification, within 1 month);
  • the obligation to cover the costs of trainings necessary to perform a specific type of work for employees and to count the duration of compulsory training into the employee’s working time (also if it takes place outside working hours).

We invite you to read the Alert.