Polish law on the employee's side? We're checking the changes to the Labour Code

gazetafenestra.pl 2 years ago

There have been no specified changes since 2019. On 26 April, the amendment of the Labour Code came into force. Among many changes and novelties, 2 most crucial ones can be identified. The main reason for the amendment was the European Union Directive on transparency of working conditions and the preservation of work-life balance. Are changes in the Labour Code a real consequence to the problems of Polish workers? How the law affected the structure of employment, we will most likely find out later.

Many changes await workers employed for employment contracts, as well as those who effort to control to specified contracts. Each individual may apply erstwhile a year for a change in the conditions of employment. In practice, this means that the full contract may be renegotiated with the kind of employment, wage or even the amount of the word of office. Changes will besides be subject to the form of termination of contracts. The reasons for the termination of the contract will be mandatory for all employees. In addition, the employer will be obliged to inform the trade unions if he intends to terminate the contract.

The law stands by the employee, at least that's how it looks on paper. How can this be in reality? The article, which was published in “Rzeczpospolita”, indicated that fresh workers' rights could affect reluctant employment contracts. And here's a large problem. The workers did not, in fact, receive any tools that could warrant them a contract of employment. According to the Polish economical Institute (PIE) data from November 2020, Poland is 1 of the leading EU countries in terms of employment for contracts another than employment contracts – this is so about civilian liability. According to pastry statistics, between 20% and 30% Poles are employed for temporary and civilian contracts. The amendment is improbable to have a affirmative impact on the simplification of specified employees. The worst situation is with workers before the age of 30 – in this group almost 60% of people are employed on civilian law terms.

It's fine, but it could have been even better.

Many changes were besides made to the paid vacation system. There is simply a tendency to support parents, and the fresh law is intended to supply more favourable conditions under which parenthood and career can be reconciled. Each parent is entitled to a nine-week parental leave; together, both parents are entitled to 41 weeks of parental leave, which does not request to be taken immediately or even at all. In this respect, many frictions and attempts to amend the bill have occurred in the Sejm. The MP of the Left Agnieszka Dziemanowicz-Bąk noted that the Law and Justice wanted to keep at all costs status quo on equalising parental rights. The usage of parental leave by fathers is inactive uncommon in Poland. The amendment assumes with large enthusiasm that from now on leave for fathers will be utilized more often. However, the problem lies not with time but with remuneration. The current law assumes a 70% wage for fathers. It's 81.5% for mothers. Dziemanowicz-Bąk pointed out that specified data indicated the universality of shifting a crucial number of parental duties to mothers. The problem is the unequal rate that contributes to the non-use of the law erstwhile it comes to parental spending.

Numerous fresh opportunities for leave apply not only to parenting, but besides to "exemption from work due to force majeure". This is rather a flexible vacation, carried out in the form of a maximum of 2 days or 16 hours during the calendar year. This leave will be paid in the mediate of the contract rate.

Another crucial change is undoubtedly the ban on termination of the contract in relation to pregnant persons, maternity or paternity leave. A law surely needed and creating a more unchangeable and peaceful environment to establish a family.

Meeting the challenges of modern working mode

The pandemic period left a constant way in the service relationship. It was as if the introduction of universal distant work – of course where possible. This was to be met by the March 2020 Act on peculiar Solutions for Preventing, Preventing and Combating COVID-19. Under that right, the employer may have directed the individual to carry out his duties under an employment contract in a place another than the place of residence. However, the problem proved to be a rapidly introduced solution that did not specify the scope of specified work.

These issues are besides to be taken into account by the amendment, which has been submitted almost entirely again. The legislator abolished the concept of teleworking; it was replaced by the concept of distant work, which can be provided already after the contract has been signed or can be taken into account in the course of carrying out business activities. It is besides fresh to include circumstantial workers who have the right to apply for a shift to a distant work model. specified a right shall be granted to pregnant workers, family-care workers and if the service obligations of the individual afraid flexible working hours.

Better late than never – this is how the amendment, whose main nonsubjective was to introduce EU directives, can be described. However, these were to appear in Polish almost in August last year. However, the law has it in head that it can frequently be bent, and if the amendment affects the labour marketplace – we will learn about it for certain in the close future.

POCTAR Casper

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