11.01.2023 Labour law

Government adopts amendment to the Labour Code

The government has adopted a draft amendment to the Labour Code, which introduces EU directive solutions into the Polish legal system. The most important changes are new carer’s leave, longer parental leave and additional breaks from work.

The amendments to the Labour Code adopted by the Government on 10 January 2023 result from the need to implement the EU directive which aims at ensuring transparent working conditions and a balance between professional and private life.

New labour law solutions  are dedicated to employees who are parents or care for relatives who need support. These changes concern mainly parental leave, paternity leave and an unpaid carer’s leave and ensuring flexible working hours.

Longer parental leave

Parental leave after changes will be 41 weeks in the case of giving birth to one child and 43 weeks in the case of multiple birth. Now, it is 32 weeks and 34 weeks respectively.

In addition, each parent will be guaranteed 9 weeks of leave, which, however, will not be able to be transferred to the other parent and equivalent for that leave will be paid in the amount of 70 % of the basis of the allowance assessment.

The maternity allowance for the entire period of parental leave will also increase. If an application for parental leave is submitted no later than 21 days after childbirth, a monthly maternity allowance for the period of maternity and parental leave will be 81.5 % of the basis of the allowance assessment.

Additional carer’s leave

New solution will be unpaid carer’s leave of 5 days per calendar year. This leave is to be granted at the request of an employee who must provide personal care to the child or to another member of family.

Read also: Labour Code – key amendments  

Additional breaks during long working hours

The amendment introduces additional breaks for employees whose daily working time exceeds: 

  • 9 hours — an additional break of at least 15 minutes; 
  • 16 hours — another additional break of at least 15 minutes.

Now, persons who work more than 6 hours a day are entitled to only one 15-minute break.

Employee’s request to change the type of employment

According to the amendment, an employee who has been employed by a given employer for at least six months will be entitled to request, for a change in the type of work, a change in the type of employment contract to a contract of indefinite duration or to a full-time employment.

This entitlement is to be granted to an employee only once per calendar year. An employer will have to grant the employee’s request if possible. The employer will be obliged to notify the employee in paper or electronic form of his/her decision within one month after receiving the request.

Webinar: Remote work 2023 — key changes — watch the webinar recording and learn more

Labour law – see how we can help:

Magdalena Wilkoszewska Director of The Labour Law Department, Attorney-At-Law
TGC Corporate Lawyers
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