flash news: #employee records

Legalization of employment

Employers who fail to comply with the obligation to file a notification on the start of work by a Ukrainian citizen can avoid sanctions in certain situations.

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15 May 2023

The Regulation of the Minister of Family and Social Policy of 9 May 2023 amending the Regulation on employee documentation (Journal of Laws, item 879) has been published in the Journal of Laws. The proposed amendments result from the implementation of two EU directives - Directive 2019/1152 and Directive 2019/1158. The Regulation will enter into force on 17 May 2023.

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On 28 March 2023, three new draft regulations of the Minister of Family and Social Policy were published on the website of the Government Legislation Centre.

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16 March 2023

Regulation of the Minister of Family and Social Policy, dated 6 March 2023, amending the regulation on employee records has been published (Journal of Laws 2023, item 471).

This regulation adapts the rules on employee documentation to the regulations on monitoring sobriety and remote working that were introduced to the Labour Code. Personnel files will receive a new Part E to hold documents associated with checks on employees’ sobriety and tests for the presence in employees of substances with effect similar to alcohol. The new rules will come into force on 21 March 2023.

As for employees’ records relating to remote working, these will be held in Part B of their personnel files. These provisions will come into force on 7 April 2023.

1 February 2023

On 30 January 2023, a draft regulation of the Minister of Family and Social Policy amending the regulation on records on employees was published on the website of the Government Legislative Center.

The proposed changes are as follows:

  • records on employees working remotely are to be kept in Part B of personnel files;
  • a new Part E of personnel files is for keeping documents related to checking employee sobriety or checking for the presence in an  employee's body of agents acting similarly to alcohol.
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16 November 2022

On 15 November 2022, the second reading of the government’s bill on an ICT system to be used for certain contracts (no. 2766) was held. The draft bill applies to employers and mandators that are:

  • micro-entrepreneurs/non-micro-entrepreneurs employing not more than 9 people,
  • farmers in the meaning of the Act on Social Insurance for Farmers, dated 20 December 1990, and
  • natural persons who are neither entrepreneurs nor farmers.
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