Changes to the Labour Code effective from 26 April 2023

Probationary contract

Concluded for a maximum of three months subject to:

(a) for a maximum of 1 month – where the intention is to conclude a fixed-term contract of less than 6 months;

b) for a maximum of 2 months – in the event of an intention to conclude a fixed-term employment contract of at least 6 months and less than 12 months;

the parties may extend once in a contract of employment for a probationary period the periods indicated in points 1 and 2 by no more than 1 month, however, if this is justified by the nature of the work,
the parties may agree in a contract of employment for a probationary period that the contract is extended by the period of holidays, as well as by the period of other excused absence from work of the employee, if such absences occur,
it will only be possible to renew the contract if the employee was to be employed to perform a different type of work.

Fixed-term contract

the obligation to provide reasons for the employer’s termination of the contract,
the obligation to consult the trade union representing the employee about the intention to terminate the contract.

Information on the terms and conditions of employment

communicated no later than 7 days from the date of the employee’s admission to work,
provided on paper or electronically; the information may be provided by the employer to the employee electronically, if it is accessible to the employee with the possibility of printing it out and storing it, and the employer retains evidence of its provision or receipt by the employee,
a significantly extended scope of the content of the information (art. 29 par. 3 of the Code of Labour Procedure),
no later than within 30 days from the date of the employee’s admission to work, the employer shall inform about the name of the social security institutions to which social security contributions related to the employment relationship are paid and information about the social security protection provided by the employer; this does not apply in the case where the employee chooses the social security institution.

Information when working abroad, including business trips

Before an employee goes to work or to perform a business task outside the country for a period exceeding four consecutive weeks, the employer shall provide the employee, in addition to the information in Article 29 of the Labour Code, with information in paper or electronic form on, inter alia, the time of work in another country and the working conditions (detailed in Article 29(1) of the Labour Code).

Carer’s leave

an employee is entitled to five days of care leave per calendar year 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,
this leave shall be unpaid,
granted at the request of the employee made on paper or electronically at least one day in advance,
the period of care leave shall be counted as part of the period on which the employee’s entitlement is dependent.

Leave on grounds of force majeure

an employee is entitled to two days or 16 hours of leave from work during a calendar year for reasons of force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is required,
during the period of such leave, the employee shall retain the right to half pay,
the choice of the use of the exemption shall be made by the employee in the first application for such exemption made in a calendar year, the choice shall be binding for the year,
the request is made by the employee no later than the day on which the exemption is taken.

Working time

Increase in the number of work breaks from Article 134 of the Labour Code.

If the daily working time of an employee:

(a) is at least 6 hours – the employee is entitled to a break at work lasting at least 15 minutes;

(b) is longer than 9 hours – the employee is entitled to an additional break of at least 15 minutes;

according to the new Article 94(13) of the Labour Code, if the employer’s obligation to carry out training of employees necessary for the performance of a specific type of work or work in a specific position results from the provisions of a collective agreement or another collective agreement, or from the regulations, or from the law, or from the employment contract, and in the case of training carried out by an employee on the basis of a supervisor’s order, such training shall take place at the employer’s expense and, as far as possible, during the employee’s working hours; the time of training carried out outside the employee’s normal working hours shall be included in the working time,
an employee raising a child up to the age of 8 years may not be employed without his/her consent for overtime, night work, intermittent working hours or posted outside his/her permanent place of work.

a change in the manner of application in parental leave – instead of written applications, applications in paper or electronic form (concerns an application for the resignation of a part of maternity leave by an employee on the basis of 180 par. 4 and 6 of the Labour Code and for granting part of the maternity leave to the employee – the father or another member of the immediate family in cases specified in art. 180 par. 4 para. 1, para. 5, par. 6 para. 1 and para. 7, para. 10 item 1 and par. 11-13 and 15 of the Labour Code, an application for leave on maternity leave conditions, for parental leave or part thereof, for combining parental leave with work; for paternity leave; for parental leave, withdrawal of an application for such leave, an application for reduction of working hours of an employee entitled to parental leave;
paternity leave – an employee – father raising a child will be entitled to paternity leave of up to two weeks, but no longer than:

(a) the child’s completion of 12 months of age (hitherto up to the age of 24 months), or

(b) the expiry of 12 months (hitherto up to the expiry of 24 months) from the date on which the decision declaring the adoption of the child becomes final, and no longer than until the child is 14 years old.

Parental leave

the repeal of Article 179(1) of the Labour Code, which provides the basis for submitting the so-called long application for parental leave within 21 days after childbirth,
the abandonment of the limitation of the possibility to take parental leave to those cases where maternity leave has been taken,
parental leave for the father of a child will not be made conditional on the child’s mother being in employment or sickness insurance at the time of the birth,
the introduction of a non-transferable nine-week period of leave to the other parent (extension of parental leave by nine weeks),
changing the maximum leave entitlement due to combination with work,
setting higher dimensions of parental leave for parents of a child with a certificate referred to in Article 4(3) of the Act of 4 November 2016 on support for pregnant women and families “Za życie” (65 and 67 weeks),
significant changes to the application for leave and parts thereof.

Protection against dismissal

during pregnancy and maternity leave, and from the date of the employee’s application for maternity leave or part thereof, leave on maternity leave conditions or part thereof, paternity leave or part thereof, parental leave or part thereof – until the date of the end of that leave – the employer may not:

(a) make arrangements to terminate or terminate without notice the employment relationship with that employee or that employee;

(b) terminate or dissolve the employment relationship with that female or male employee, unless there are reasons justifying termination without notice through their fault and the trade union organisation representing the female or male employee has agreed to the termination;

in the event that the employee submits a request earlier than the deadlines specified in art. 180 par. 9 k.p., art. 182(1d) par. 1 of the Labour Code or in Art. 182(3) par. 2 k.p.p. these prohibitions take effect on:

(a) 14 days before the start of maternity leave and part of maternity leave;

(b) 21 days before the start of parental leave or part thereof;

– This protection extends to probationary employment regardless of the duration of the contract.

Flexible work organisation includes: remote working, intermittent working time system, weekend working system, shortened working week system, mobile (variable) working time schedules from Article 140(1) of the Labour Code, individual working time schedules, reduction of working time;

an employee raising a child up to the age of 8 is entitled to request flexible working arrangements,
the request shall be made on paper or electronically, no less than 21 days before the flexible working arrangement is intended to be used,
the employer shall consider the application, taking into account: the needs of the employee, the date and reason for the need to use flexible working arrangements, the needs and possibilities of the employer, including the need to ensure the normal course of work, the organisation of work or the type of work performed by the employee,
the employer shall be obliged to inform the employee, in paper or electronic form, of the granting of the application or of the reason for refusing to grant the application, or of a different possible date for the use of flexible working arrangements than the one indicated in the application, within 7 days from the date of receipt of the application.

Legal basis:

Act of 9 March 2023 amending the Act – Labour Code and certain other acts (Journal of Laws, item 641)