The amendment to the Labour Code is necessary to implement two EU directives. It is about the directive on transparent and predictable working conditions in the European Union and the so-called Parental Directive.

Both directives must be implemented by August this year – by 1 and 2 August, respectively. The draft amendments to the Labour Code were submitted to public consultation on Tuesday.

Directive on transparent and predictable working conditions in the European Union

The Directive on transparent and predictable working conditions in the European Union is to provide transparency as regards working conditions of all employees. Its objective is to promote safer and more predictable employment, while ensuring the adaptability of the labour market and improving working conditions.

Following the amendments, an employer will have to provide – as a rule, within 7 days of the admission of an employee to work – more information about employment conditions. It includes, inter alia, training, procedures of terminating the employment relationship or information on the amount of paid leave an employee is entitled to.

The amendments will also apply to probationary employment contracts, and an employee who worked for at least half a year (including on the basis of a probationary employment contract) will have the right to apply for a form of employment with more predictable or safer working conditions. An employer will have one month to respond in writing along with justification.

Parental Directive

In turn, the objective of the Parental Directive is to encourage equal sharing of care responsibilities between women and men. Parents will be able to expect facilities in reconciling work and family life. The directive provides for, inter alia, changes in parental leave, paternity leave, the introduction of so-called unpaid care leave and greater flexibility in the organisation of work – says the Minister of Family and Social Policy, Marlena Maląg.

Most important amendments

As a result of the amendments, the right to parental leave would be an individual right for each parent. It will no longer be conditional upon the use of maternity leave by the mother of a child.

Moreover, parental leave will be longer. Today, it is 32 weeks in the case of giving birth to one child and 34 weeks in the case of multiple pregnancy. Following the amendments, it will be 41 and 43 weeks, respectively. Either parent will also have 9 weeks of leave guaranteed, which cannot be transferred to the other parent.

Another amendment consists in increasing the amount of the maternity allowance for the entire period of parental leave and setting it at 70% of the assessment basis of the allowance. Currently, the maternity allowance is paid in the amount of 100% of the assessment basis of the allowance for the first 6 weeks of parental leave and 60% of the assessment basis of the allowance for the remaining part of this leave – this means that currently the maternity allowance for the period of parental leave is, on average, 67.5% of the assessment basis of the allowance.

Care leave will also be introduced into the legislation. It means five days, in a calendar year, of unpaid leave granted upon request of an employee who must provide personal care to a child but also to another family member – elderly parents or spouse – requiring significant care or support for serious medical reasons.

The Code will also include exemption from work due to force majeure, granted in the case of urgent family matters caused by illness or accident, if the immediate presence of an employee is required. An employee could use this exemption in the form of two days (or 16 hours in a calendar year), and for each day they would receive half of the rate of remuneration.

The changes also provide for the more flexible organisation of work, inter alia, for parents of children below 8. An employer will have to inform an employee in writing about the reasons for refusal concerning, for example, granting a possibility to work remotely or consent to individual working time. Today, there is no such obligation.

Following the amendment to the regulations – employers will not be allowed to order – without an employee’s consent – to work at night, take business trips or overtime work to employees taking care of a child below 8. Today, this limit is 4 years of age of a child.

All these amendments are to encourage parents to share care responsibilities more equally.