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Protection of work in connection with childcare

An employee caring for a child until the age of 4 may not be employed without their consent:

  • overtime,
  • at night,
  • in a system of intermittent work,
  • posted outside the permanent place of work.

If both parents or guardians of a child are employed, only one of them may exercise the aforementioned rights. In such circumstances, the parents or guardians of the child should agree on which of them will benefit from the aforementioned right. They should then submit the appropriate declarations to their employers, i.e. regarding their intention to use this right or not.

In working time systems in which the use of extended daily working time of more than 8 hours is permitted (e.g. up to 12 or 16 or 24 hours), the working time of pregnant employees may not exceed 8 hours. This limitation also applies to employees looking after children up to the age of 4 without their consent. The employee retains the right to remuneration for time not worked as a result of reduction of their working time for that reason.

An employee raising at least one child aged up to 14 is entitled to an exemption from work in the amount of 16 hours or 2 days in the course of a calendar year, while they retain the right to remuneration.

The employee decides on the manner of use of the exemption in a given calendar year in the first application for granting such an exemption submitted in the relevant calendar year.

Dismissal prohibitions

The employer may not give notice of termination or terminate the contract of employment during pregnancy as well as maternity, parental, paternity and childcare leave. This is possible in exceptional cases, specified in the provisions of the labour law (e.g. in the event of declaration of bankruptcy or winding-up of the employer).

In the case of a fixed-term contract of employment or a contract of employment concluded for a probationary period of more than 1 month, which would be terminated after the lapse of the third month of pregnancy, the contract is extended until the date of childbirth. However, such an extension does not apply to a fixed-term contract of employment concluded for the purpose of substituting an employee during their justified absence from work.

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