Changes to Poland’s Labour Code in 2023: A Summary

Since 26 April 2023, an amendment to Poland’s Labour Code implementing the Work-Life Balance Directive has been in force. It changed the rules for employment contracts, parental and care leave, and the organisation of working time. If you run a business and employ staff, check whether your workplace rules and internal documents are up to date. Below is a full summary of the changes, with specific deadlines and entitlements.

Background: what changed in 2023

Several major amendments to the Labour Code took effect in 2023:

• Remote work was permanently added to the Labour Code (read more here).
• Employee sobriety testing became subject to new rules effective from the beginning of the year (read more here).
• The Work-Life Balance Directive was implemented through a second amendment, effective from 26 April 2023.

Most of the changes concern implementation of the Work-Life Balance Directive. Below is a full summary.

Changes to employment contracts

Probationary contracts: new rules

The amendment introduced three changes to probationary-period contracts:

1. Proportionate probationary period: the period must be proportionate to the expected duration of the fixed-term contract and the type of work.
2. Entering into another probationary contract: this is possible only if the employee is to perform a different type of work from before.
3. Extension for absence: the parties may agree to extend the probationary contract by the period of the employee’s justified absence during the contract.

Maximum probationary periods

You may enter into a probationary contract for no longer than:

Termination of a fixed-term contract: a new requirement

If you plan to terminate an employee’s fixed-term or indefinite-term contract, you must:

• Notify the relevant trade union organisation in writing of your intention to terminate, if it represents the employee.
• Give the reason for terminating the contract.

Information duty towards the employee

Within 7 days after allowing the employee to start work, provide information about:

• daily and weekly working-time limits,
• breaks to which the employee is entitled,
• rules on overtime.

You may provide this information in writing or electronically.

Right to work for another employer

An employee may remain employed by another employer at the same time. This means:

• You may not prohibit the employee from working for another employer, whether full-time or part-time.
• You may not treat the employee less favourably because of their parallel employment.
• Exception: non-compete rules continue to apply. If you have signed a non-compete agreement with the employee, its provisions remain in force.

Request to change the form of employment

An employee who has been employed for at least 6 months may submit a request once a year for:

• a change to an indefinite-term employment contract, or
• more predictable and secure working conditions.

Your duty: provide a written, reasoned response within 1 month of receiving the request.

Training provided by the employer

If you are required to provide training to an employee, for example under a collective agreement or workplace rules, that training:

• is free of charge to the employee,
• counts as working time,
• takes place, where possible, during the employee’s working hours.

Changes to leave

Parental leave: new rules

The amendment introduced an individual right to parental leave for each parent. The main changes are:

• Total leave for both parents: up to 41 weeks for one child or up to 43 weeks in the case of a multiple birth.
• The right to parental leave is independent of whether the child’s mother was employed (insured) on the date of birth.
• Non-transferable portion: each parent has up to 9 weeks that cannot be transferred to the other parent. In practice, each parent may use a maximum of 32 weeks (or 34 weeks following a multiple birth).

Care leave

• Duration: 5 days per calendar year.
• Purpose: to provide personal care or support to a family member or a person living in the same household who needs care for serious medical reasons.
• Care leave is unpaid.

Leave due to force majeure

• Duration: 2 days or 16 hours per calendar year.
• When it is available: for urgent family matters caused by illness or an accident, when the employee’s immediate presence is necessary.
• Pay: the employee retains the right to 50% of remuneration (calculated as for annual leave).

How leave requests may be submitted

Requests for parental leave, care leave and leave due to force majeure may be submitted on paper or electronically.

Flexible work arrangements

What is flexible working time?

Flexible work arrangements allow an employee to adapt the organisation of work to their individual needs. They may take the form of:

• remote work,
• flexible working hours,
• an individual working-time schedule,
• intermittent working time,
• part-time work.

Who may use them?

Flexible work arrangements are available to:

• Parents caring for a child up to 8 years of age.
• Carers: employees providing care or support to a relative or a person living with them in the same household who needs care for serious medical reasons.

Rejecting a request

If you reject an employee’s request for a flexible work arrangement, you must provide a written explanation of your decision.

Other changes you should know about

1. Shorter deadline for taking paternity leave: reduced from 24 to 12 months from the child’s date of birth. If the father does not take the leave within that period, the right expires.
2. Ban on preparations for dismissal: you may not make any preparations to dismiss an employee during pregnancy, during maternity leave (which the employee takes without submitting an application), or from the date an application is submitted for maternity leave, leave on maternity-leave terms or paternity leave.
3. Extended protection for parents: until the child reaches 8 years of age (previously 4), an employer may assign the following duties to an employee who is a parent only with that employee’s consent:
   • overtime work,
   • night work,
   • work under an intermittent working-time system,
   • travel away from the employee’s regular workplace.

What to do: an employer checklist

These changes have been in force for more than two years. Check whether your company has adapted:

• Update your workplace rules and notices to reflect the new rules on probationary contracts and termination.
• Adjust your employment contract templates to the new requirements (probationary period and reason for termination).
• Complete the information for employees that must be provided within 7 days after they are allowed to start work.
• Implement a process for handling requests for flexible work arrangements, including the duty to give written reasons for refusals.
• Update your rules on leave: parental, care, force majeure and paternity leave.
• Check whether your non-compete agreements are consistent with the new right to parallel employment.
• Make sure HR staff know the new deadline for paternity leave (12 months instead of 24).

If you need help adapting your documents to the current state of the law, contact us.

Frequently asked questions

What specifically must an employer implement following the Work-Life Balance changes to the Labour Code effective from 26 April 2023?
Update your workplace rules, employment contract templates (probationary period and reason for termination), and the information for employees that must be provided within 7 days after they are allowed to start work. Implement a process for handling flexible-work requests, including the duty to give written reasons for refusing them; update the rules on leave (parental, care, force majeure and paternity leave); and check that non-compete agreements are consistent with the new right to parallel employment.

What are the new rules for probationary contracts following the Labour Code amendment?
The probationary period must be proportionate to the planned fixed-term contract: a maximum of 1 month if the planned contract is for less than 6 months, 2 months for a contract lasting at least 6 months but less than 12 months, and 3 months for a contract lasting at least 12 months or for an indefinite term. The same employee may enter into another probationary contract only if they are to perform a different type of work from before. The parties may also agree to extend the probationary period by the period of the employee’s justified absence.

When terminating a fixed-term contract, must an employer now give a reason and consult a trade union?
Yes. Since 26 April 2023, terminating a fixed-term contract requires the employer to give the reason for termination and to notify the relevant trade union organisation in writing of the intention to terminate, if it represents that employee. The same duties apply to termination of an indefinite-term contract.

Who may request a flexible work arrangement, and when must the employer explain a refusal?
A request may be submitted by parents caring for a child up to 8 years of age and by carers providing care or support to a relative or a person living with them in the same household who needs care for serious medical reasons. The employer must provide a written explanation every time such a request is rejected, without exception.

What new leave and parental rights must an employer take into account after implementing Work-Life Balance?
Parental leave is up to 41 weeks (43 in the case of a multiple birth) for both parents combined, with 9 weeks for each parent that cannot be transferred to the other. New entitlements include unpaid care leave of 5 days per year and leave due to force majeure of 2 days or 16 hours per year, with a right to 50% of remuneration. The deadline for taking paternity leave has been reduced from 24 to 12 months from the child’s date of birth; after that, the right to leave expires.