A draft bill on amending the Labour Code and certain other acts has been published (bill number: UC118) in the schedule of legislative and agenda tasks of the Council of Ministers.

The bill aims to implement Directives 2019/1152 (on transparent and predictable working conditions in the European Union) and 2019/1158 (the work-life balance directive) into Polish legal system and to introduce amendments that would ensure that provisions on terminating definite term employment contracts fully comply with Directive 1999/70/EC.

The proposed amendment includes, among others, the following changes to definite term employment contracts:

• the obligation for an employer to provide a reason in its statement terminating an employment contract that was concluded for a definite term,
• the obligation to undertake consultations with the trade union representing an employee on an intention to terminate the employee’s definite term employment contract,
• the possibility for a court to order an employee’s reinstatement to work, if it is found that the termination of the definite term employment contract was unjustified, or violated the provisions on terminating employment contracts,
• making the length of a probationary period dependent on the length of the definite term contract that the parties intend to conclude.

The amendment also provides for the introduction into the Labour Code of a provision expressly stating that an employer may not prohibit an employee from being simultaneously employed by another employer or providing work on a different basis. This provision will not apply only if a non-compete agreement has been concluded.

The draft also contains a number of changes aimed at facilitating a work-life balance:

• the introduction of leave for reasons of force majeure, urgent family matters due to illness, or accident, of up to 2 days or 16 hours per calendar year, while retaining the right to half pay,
• the introduction of unpaid care leave of up to 5 days per calendar year, in order to provide personal care, or support to a person who is a family member, or resides in the same household and who requires substantial care, or support for serious medical reasons,
• the extension of the length of parental leave and the grant of a part of it to each parent, without the possibility of its transfer,
• the possibility of flexible working arrangements for parents of children up to the age of 8 and, in addition, the prohibition on ordering employees caring for a child up to the age of 8 to do night and overtime work, without the employee’s consent.

There are also plans to extend the scope of information that is provided on terms and conditions of employment and to allow it to be provided to employees also in electronic form.

The amended regulations are to come into force on 1 August 2022.

Draft bill (legislacja.gov.pl)