New penalties for employers – amendment to the Labour Code

On 26 April 2023, another amendment to the Labour Code came into force. It imposes many new obligations on employers, thereby expanding the catalogue of violations against employee’s rights. What new offences are provided for in the amended labour law? Find out in the below article of TGC Corporate Lawyers.

Amendment to the Labour Code which implements two EU directives – Directive (EU) 2019/1158 of 20 June 2019  on work-life balance for parents and carers (known as the Work-Life Balance  Directive) and repealing Council Directive 2010/18/EU and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union – entered into force on 26 April 2023. These acts introduce a number of pro-parental and pro-employee solutions.

We wrote about the changes introduced by this amendment to the Labour Code here.

What violations of employee’s rights are provided for in the Labour Code?

1. Violation of the provisions on flexible working time arrangements
2. Violation of the provisions onthe new carers’ leave
3. Violation of the provisions on leave of absence on grounds of force majeure
4. Failure to respond in writing to a request for changing type of employment contract or more predictable and secure working conditions
5. Failure to inform the employee on time about the conditions of their employment

Violating the provisions on flexible working time arrangements

The amended Labour Code enables flexible working arrangements for employees who are parents or guardians of children up to 8 years of age. Under the new rules, these workers can take advantage of, for example, remote work, a shortened working week or flexible working time. The working mode can be changed at the employee’s request.

The employer is obliged to respond to the request for flexible working time arrangements in paper or electronic form within 7 days from the date of receipt of the request. The employer is obliged to state the reason for refusal. Also, the employee’s request for flexible working time arrangements cannot be a reason justifying termination of the employment contract or its termination without notice.

Violation of the provisions on flexible working time is punishable by a fine from PLN 1,000 to PLN 30,000.

Violating the provisions on carers’ leave  

From 26 April 2023, employees are entitled to unpaid carers’ leave of 5 days per calendar year. This leave can be taken to provide personal care or support to a family member (children, spouse or parents) or to assist a person co-habiting with an employee who requires care or support for serious medical reasons.

Violation of the provisions on carers’ leave is punishable by a fine from PLN 1,000 to PLN 30,000.

Violating the provisions on leave of absence on grounds of force majeure

A leave of absence due to force majeure, a new legal concept in the Labour Code, of 2 days or 16 hours in a calendar year, while retaining the right to half of the remuneration and to be used in urgent family matters.

Violation of the provisions on leave of absence on grounds of force majeure is punishable by a fine from PLN 1,000 to PLN 30,000.

Failure to respond in writing to a request for changing type of employment contract or more predictable and secure working conditions

The Labour Code now provides for the possibility for an employee to submit a request for changing type of employment contract to an employment contract for an indefinite period or request for more predictable and safe working conditions. This solution is intended to increase the stability of employment. The request may be submitted once a year by an employee employed for at least 6 months. The employee has also the right to request a written response to this request with justification from the employer within 1 month of its receipt. In the event of a refusal, the employer is obliged to justify its decision.

Employer’s failure to respond to the request within the statutory deadline in paper or electronic form or failure to present the reason for refusing to accept the request, is punishable by a fine from PLN 1,000 to PLN 30,000.

Failure to inform the employee on time about the conditions of their employment

The employer also has the obligation to provide certain information. The employer is obliged to inform in writing within 7 days of admission to work about the terms of employment and about any change in the terms of employment. The employee must be informed about, for example, a daily and weekly standard of working time, breaks at work, the length of paid leave to which the employee is entitled or the rules for determining and granting the leave, etc. Failure to inform an employee on time about the terms of their employment is punishable by a fine of PLN 1,000 to PLN 30,000.

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