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The amendment of the Labour Code strengthens the labour market

The labour market is undergoing a revolution, due to the amendment of the Labour Code.

The labour market is undergoing a revolution, due to the amendment of the Labour Code.

Employers are already warning that it can weaken already badly damaged employment.

The labour market is undergoing a revolution, due to the amendment of the Labour Code. Employers are already warning that it can weaken already badly damaged employment. The workers can be happy to change.

To 1 August 2022 and 2 August 2022 The government is to implement the Polish EU law Directive 2019/1158 dated 20 June 2019  on transparent and predictable working conditions in the European Union and the Directive on the work-life balance with private parents and carers, and Directive 2019/1152 dated 20 June 2019 on transparent and predictable working conditions in the European Union (Official Journal of the European Union L, No. 186, p. 105).

Changes planned

In the framework of the planned revision of the Labour Code, among other things, rights are to be introduced to strengthen workers' wellbeing.

From 34 to 41 to increase the number of parental leave in the event of birth one child, and with 34 to 43, If born second Or another child.

The amount of maternity benefit is changing.

The amendment assumes that ‘the amount of maternity benefit for the entire period of parental leave at the level of 70% the basis for the benefit (although if the worker applies for parental leave no later than 21 the days after birth of the monthly maternity allowance for the period of maternity and parental leave will be 81.5% the basics of the benefit).

In any case, the worker – the father of the child for a non-transferable period 9-the weekly part of the leave will be entitled to a benefit of 70% the basics of the benefit’.

It is planned to introduce a “exemption from work due to force majeure in urgent family matters caused by illness or accident, if immediate presence of an employee is necessary – in terms of 2 days or 16 hours in a calendar year, while retaining the right to 50% remuneration (calculated as remuneration for rest leave)’.

Another new type of leave is the so-called caring, unpaid.

It is to carry to 5 the days of the calendar year, and it may be granted to provide personal care or support to a relative (son, daughter, mother, father or spouse) or remaining in a common household which requires significant care or substantial support for serious medical reasons, without retaining the right to pay for the time of that leave; The flexible nature of work will be strengthened.

Following the introduction of the novel, refusal to work teleworking, mobile, interrupted or individual working time will have to be justified in writing by the employer.

Equalisation of time-limit contracts

The obligation to justify the termination of a fixed-term employment contract, union consultation and the possibility to apply for reinstatement will be introduced, as will the case for permanent contracts.

– The obligation of employers to justify and consult notices and dismissal of temporary staff is a departure from the included in 2014 compromise – comments Professor Jacek Męcina, advisor to the board Polish Confederation Lewiatan, researcher of labour law and labour market problems.

– The amendment further introduces a claim to return to work for the redundant worker instead of compensation. This too far-reaching regulation can lead to a re-departure from work and wider application of contract contracts, which will be a backward step.

The current solutions were intended to improve the quality of work and the effects are even statically noticeable

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