Mid-March 2018 The Labour Law Codification Commission has completed work on proposals for amendments to the Labour Code and the Collective Labour Law Code.
She proposed, among others, the introduction only two forms of employment, changes in the size of leave, solutions to prevent self-employment of workers, and changes in working time records. According to the assumptions, the new law is intended to eliminate complex rules giving rise to abuse.
However, proposed amendments to the Labour Code and the Collective Labour Law Code by the Codification Commission are not draft laws. Their future fate will be decided by the head of the Ministry of Family, Labour and Social Policy.
During the committee's work, the idea of introducing only two types of employment: permanent and non-statutory. Etatative employment would correspond to today's employment contract. On the other hand, a non-statutory form of employment would be based on the current contract and would be intended only for employees performing their duties to the maximum 16 hours weekly, with a guarantee of pay and leave.
ETA and non-statutory employment
During the committee's work, the idea of introducing only two types of employment: permanent and non-statutory. Etatative employment would correspond to today's employment contract. On the other hand, a non-statutory form of employment would be based on the current contract and would be intended only for employees performing their duties to the maximum 16 hours weekly, with a guarantee of pay and leave.
The new Labour Code would also introduce a seasonal employment agreement that could be concluded in connection with the need for work closely related to atmospheric conditions and a casual employment contract that could not be valid longer than 30 days throughout the calendar year. In practice, a casual employment contract would apply in cases of objectively short-term and irregular work.
Holiday leave
In the current state of the law, leave depends on traineeship and is 20 or 26 days. The codification committee has proposed a solution for a holiday leave 26 days for all employees, regardless of their traineeship.
Another proposal is to allow the employer to unilaterally set the date of leave within the time limit two months from the date of informing the staff member. In fact, the right to set the period of leave on its own will apply only if there is no agreement with the worker on the date of such leave.
However, the right to a minimum 14-day rest.
On the other hand, the deadline for the use of late leave would be reduced. The Commission plans to return to the earlier provisions of the Labour Code, which state that late leave of absence should be used by the end of March of the following calendar year at the latest. Currently, the deadline for the use of outstanding leave is the end of September of the following calendar year.
Major changes are also planned in terms of the equivalent of unused leave.After changes, the equivalent will not be paid if agreement is reached on the use of the unused part of the holiday leave of the former employer with the future employer. Discontinuation time one employer and start of employment second it will not be allowed to be longer than a month.
The Commission also proposes to eliminate the possibility of sending a worker on leave during the period of notice.
The Commission also proposes to eliminate the possibility of sending a worker on leave during the period of notice.
On-demand leave
In line with the proposals for amending the Labour Code, a worker, as in the current state of the law, would retain the right to on-demand leave in the field 4 days. However, it will not always be considered as part of vacation leave.
If, in agreement with the employer, this leave is not considered to be part of holiday leave, it will be free leave. The method of informing about on-demand leave would also be changed. The employee would inform the employer on 24 hours before starting work, and not as currently just before starting work.
Homework and Teleworking
The Labour Code also includes new provisions regulating the rules for the provision of work from home and teleworking separately. Work from home is to be performed only in exceptional cases where the employee cannot provide work directly from the company's premises, e.g. in the case of a child's illness. Then, with the employer's consent, he will be able to perform his duties from home via electronic communication devices.
Revision of the definition of overtime
Overtime would be called not only overtime but also only at the employer's direction. Such a solution may give rise to the risk of non-remuneration if the worker is left behind on his own initiative. It may be difficult to determine whether an employee has provided work at the employer's request.
Remuneration accounts
The introduction of remuneration accounts would consist in the fact that the salary for overtime hours would not be automatically paid to the employee, but would be paid to the trust account operated by the employer. The remuneration would be paid to the employee in the situations specified in the Labour Code, i.e.
in the case of specific organisational circumstances, a breakdown of demand or the negative effects of seasonality of labour demand. Then, with the agreement of the trade union, the employer may reduce the working time or relieve the employee of the obligation to provide it and start paying him remuneration from his account.
This appropriation will also be available in cases of cessation of employment, consent to free leave or reduction of the term of office. In other situations, money will be paid if the company's collective agreement allows it.
Recording of working time
The obligation to keep records of working time would be excluded for employers employing no more than 5 staff members, unless the hired person makes such a request. The proposed amendments to the Labour Code provide that if the company does not keep records and the employed, in the event of a dispute, of similar overtime work, the employer will have to prove that such work has not taken place.
Termination of employment
In line with the proposals for amendments to the codification committee, the employer would be obliged to warn the employee of his intention to terminate his employment contract and to listen to him if the termination is for reasons relating to the worker.
Moreover, the employee would also be heard in advance if the employment contract was terminated without notice (unless the reasons for the solution are obvious).
The requirement for notice of termination and conversation with the employee is not planned to be introduced by employers to 10 persons and on notice for reasons not affecting employees.
It would also be possible to terminate the employment relationship also during leave and illness, as well as to terminate the employment contract with a pregnant woman employed under a replacement contract.
Recognition premium
The reduction of the discretionary components of the salary to which the discretion premium belongs is intended to guarantee the worker a certain amount of pay each month of work, without significant differences in monthly remuneration. By proposing a percentage of the components in the entire salary that will not be exceeded, the employee would know that his payment would not be below the specified ceiling.
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