9 February 2023

During its 72nd session, the Sejm adopted amendments to the Labour Code implementing two EU directives into Polish law :

  • Directive 2019/1152 of the European Parliament and of the Council (EU) of 20 June 2019 on transparent and predictable working conditions in the European Union;
  • Directive 2019/1158 of the European Parliament and of the Council (EU) of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.

Among the most important changes, the following should be pointed out:

  • expanded information obligations of the employer on terms and conditions of an employee’s employment (e.g., amount of paid leave to which the employee is entitled, the right to training),
  • right to training that is unpaid and included in work time (necessary for a specific type of work or position),
  • a probationary contract will be concluded for a maximum period of 3 months, with the possibility of its conclusion for a maximum period of:
    • 1 month – in the case of intent to conclude an employment contract for a fixed term of less than 6 months;
    • 2 months – in the case of intent to conclude an employment contract for a fixed term of at least 6 months and less than 12 months

    Parties to the contract will be entitled to extend the above-mentioned periods of 1 and 2 months once in a probationary employment contract, but not more than by 1 month, if justified by the type of work, and will also be entitled to agree that the contract will be extended by the time of vacation, as well as other excused employee absence from work if such absence occurs (the employer will be able to re-enter into a probationary employment contract with the same if hired to perform a different type of work).

  • the employer will have to indicate the reason justifying termination or dissolution of a contract in the employer’s statement of termination of a fixed-term employment contract;
  • the employee will be able to remain in a simultaneous employment relationship with another employer (this cannot cause any negative consequences for the employee);
  • care leave of up to 5 days per calendar year to provide personal care or support to a person who is a family member or resides in the same household and who requires care or support for serious medical reasons (a family member is considered a son, daughter, mother, father or spouse),
  • parental leave (a non-transferable portion of this leave of up to 9 weeks will be introduced for each parent and 70% of the maternity allowance for both parents),
  • exemption from work “due to force majeure” (for urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary, at the rate of 2 days or 16 hours with the right to half pay),
  • employees will gain the right to additional breaks:
    • right to a second break of at least 15 minutes if daily work hours exceed 9,
    • right to a third break ofat least 15 minutes if daily work hours exceed 16
  • an employee raising a child up to the age of 8 will be able to request flexible arrangements with regard to it (e.g., moving work time, individual work schedule, weekend work time system, shortened work week system and intermittent work time system),
  • possibility for an employee employed for at least six months to request a change in the type of contract once a year to an indefinite-term contract, or for more predictable and safer working conditions (need for a written response to this request, with justification).

The Act will be submitted to the Senate.

The legislative process: