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.

The first of the proposed regulations (list number: 121) is to amend the regulation on employment certificate. The proposed amendments are intended to adapt the content of the certificate of employment to changes resulting from the remote working regulation and the implementation of two EU directives: directive 2019/1152 and directive 2019/1158.

It is proposed to extend the certificate of employment to include information relating to the calendar year in which the employment relationship ceased and concerning:

• the employee’s use of the new type of leave specified in Article 148¹ Labour Code (time off from work due to force majeure in urgent family matters caused by illness or accident),
• the employee’s use of care leave specified in Article 173¹ Labour Code (leave granted to provide personal care or support to a person who is a family member or who lives in the same household and who requires care or support for serious medical reasons),
• days of ‘occasional’ remote work specified in Article 67³³ Labour Code

Text of the draft >>>

The second of the proposed regulations (list number: 122) is to amend the regulation on employee records. The proposed changes are intended to adapt the content of employee records to changes resulting from the implementation of two EU directives: directive 2019/1152 and directive 2019/1158.

The following changes are proposed:

• extending the content of Part B of the employee’s personnel file with the following components:
• the employee’s request for a change in the type of employment contract to an indefinite term contract or for more predictable and secure working conditions, including a change in the type of work or full-time employment and the employer’s response to this request (this results from the newly introduced Article 29³ 1 and 3 Labour Code),
• the employee’s request to indicate the reason justifying the termination of a probationary contract by notice or taking an action having the equivalent effect to employment contract termination and the employer’s response to this request (this results from the newly introduced Article 29⁴ 3 and 4 Labour Code),
• documents concerning the application of flexible work organisation (Article 188¹ Labour Code);
• extending the records on matters relating to the employment relationship to include:
• employee’s requests to apply for and take time off work due to force majeure (Article 148¹ Labour Code);
• employee’s applications for and use of care leave (Article 173¹ Labour Code);
• consent of an employee raising a child up to the age of 8 to work overtime, at night, in intermittent working hours and to be posted away from the permanent place of work (Article 178 § 2 Labour Code).

Text of the draft: >>>

The third of the proposed regulations (list number: 123) addresses the applications concerning employees’ rights in relation to parenthood. The regulation takes into account the changes introduced into the Labour Code by the Act of 9 March 2023 amending the Act – Labour Code and certain other acts.

Text of the draft: >>>