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Labour Code more parent-friendly

26.01.2023

Minister Marlena Maląg attended the first reading of the draft amendment to the Labour Code, which was held today in the Sejm of the Republic of Poland. The amendments proposed by the Ministry of Family and Social Policy are good for parents and improve the situation of employees. The questions asked by the MPs were answered by Deputy Minister Stanisław Szwed.

Labour Code more parent-friendly

The draft act amending the Labour Code Act and certain other acts implements into the Polish legal system the provisions of two European directives: on transparent and predictable working conditions in the European Union and on work-life balance for parents and guardians.

Those Directives are aimed at achieving equality between men and women in terms of labour market opportunities and treatment at the workplace by making it easier for employees being parents or guardians to reconcile work and family life and by improving working conditions thanks to ensuring more transparent and predictable employment conditions. At the same time, this is part of our policy of supporting families – said Minister Maląg.

New kinds of leave

The proposals included an individual right to parental leave. The total duration of this leave for both parents will be up to 41 weeks (in the case of giving birth to one child) or up to 43 weeks (in the case of multiple birth). As part of it, the non-transferable part was determined at 9 weeks for each parent.

The right to individual parental leave for female and male employees is one of the most important amendments introduced to the Labour Code – emphasised Minister Marlena Maląg.

Carer’s leave

For 5 days in a calendar year, it will be used to provide personal care or support to a person being a relative or living in the same household who requires care for serious medical reasons, without keeping the right to remuneration for the duration of this leave.

Force majeure

In urgent family matters caused by a disease or accident, it will be possible to take leave of 2 days or 16 hours in a calendar year.

Flexible working time

This is very important, and we have repeatedly touched upon this issue when presenting the demographic strategy. This exceptionally family-oriented solution enables flexible working time, individual working time schedule, weekend working time system, reduced working week or interrupted working time as these flexible forms of employment – explained the Minister.

The project provides for a wider use of flexible work arrangements. The possibility of making wider use of such solutions will be granted to parents taking care of a child under 8 and guardians, i.e. employees providing care or support to a relative or a person living with an employee in the same household who requires care or support for serious medical reasons. Rejection of an application for flexible working arrangements will require an employer to provide a written justification.

Probationary contracts

An employment contract for a probationary period may be concluded for a period not exceeding: 1 month – in the case of an intention to conclude a fixed-term employment contract for less than 6 months or 2 months – in the case of an intention to conclude a fixed-term employment contract for at least 6 months and for less than 12 months.

Change in the type of contract

An employee who has worked for at least 6 months will have the right to apply for a change in the type of the employment contract to a permanent employment contract or for more predictable and secure working conditions. An employer has one month to submit a written reply to this application along with a justification.

Parallel work

The amendment proposes an employee’s right to parallel employment, by introducing a ban on prohibiting an employee from being in a parallel employment relationship with another employer, and a ban on treating an employee in a negative manner on this account.

We have good solutions

Deputy Minister Stanisław Szwed informed the MPs that under the rule of Law and Justice the gender pay gap between women’s pay and men’s pay had definitely decreased. At the moment, we estimate it at 4.5%. This is one of the lowest pay gaps in all European Union countries.

When it comes to maternity leave, parental leave, we have some of the best solutions functioning in our country. Against a background of the European Union countries, we simply have something to be proud of, since when it comes to the family policy, we have very good solutions in this regard – said Deputy Minister Szwed in the Sejm.

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