Posted on Categories regulatory

The pros and cons of an extended reference period

An extended reference period as a tool for more flexible planning of working time. When can it be used and what mistakes need to be avoided?

Employers and employees both often desire flexibility in their employment relations. However, the interests of the parties to an employment contract are not always the same.

In fact, employers seek flexibility which they understand as being able to adapt the terms and conditions of work, including working time, to:

  • changing business needs, as well as
  • circumstances that are frequently difficult to anticipate and over which employers have no control (like the corona virus pandemic, at the very least)

while at the same time reducing employment costs. 

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Posted on Categories employment contract, regulatory

Changes to the Labour Code: new compulsory elements of an employment contract and broader information obligations of employers

The government’s bill to amend the Labour Code and certain other acts, which seeks to implement solutions provided under EU Directives into Polish legislation[1], may have a significant impact on the employees’ rights and on the corresponding employers’ obligations. The amendment seeks to extend parenthood rights, including by extending parental leave (in the spirit of work-life balance) and to make revolutionary changes in how employment contracts are terminated. In desiring to achieve the greatest possible transparency and predictability in employment, it also seeks to modify the compulsory elements of an employment contract and to significantly affect (broaden) the information obligations of employers with respect to employees. 

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Posted on Categories Bez kategorii

Crossing the Polish-Ukrainian border no longer so easy

People who fled from Ukraine to Poland because of the Russian invasion and then returned to Ukraine may not be allowed back into Poland without meeting additional conditions.

The stay in Poland of Ukrainian citizens who fled Ukraine because of the war was regulated by the provisions of the so-called Special Law of 12 March 2022 (on assistance to Ukrainian citizens in connection with armed conflict on the territory of that country). The stay of such persons in Poland is, in principle, legal until 24 August 2023. However, in accordance with the recent practice of the Polish authorities and services, if such a person even briefly returns to the Ukraine, their re-entry to Poland will, as a rule, take place under the terms of the previously existing regulations – and no longer under the terms of the Special Law.

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Posted on Categories regulatory

Work-life balance – an EU perspective

In 2019, the so-called Work-life Balance Directive (Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU) was adopted. This directive regulates in particular the minimum requirements for:

  • Paternity, parental and carers’ leave;
  • Flexible working arrangements for employees who are parents or carers.

Member States, including Poland, have in principle until 2 August 2022 to bring into force the provisions necessary to implement the Directive.[1] A draft law implementing the directive in question appeared on the website of the Government Legislation Centre. It shows that the planned date for the amending regulations to enter into force is 1 August 2022. The bill has not yet been sent to the lower house, but it is worth taking a closer look at the expected changes and their direction.

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