Poland’s 2023 Labour Code Changes: A Practical 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 working-time arrangements. If your business employs people in Poland, check whether its workplace rules and internal documents have been updated. This article sets out the changes, including the stated deadlines and entitlements.

Background: what changed in 2023

Several major Labour Code amendments took effect in Poland in 2023:

• Remote work was added permanently 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 in a second amendment, effective from 26 April 2023.

Most of the changes concern implementation of the Work-Life Balance Directive. The full summary follows.

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. Another probationary contract: the same employee may enter into one only if they are 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

A probationary contract may not exceed:

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 the intention to terminate, if it represents the employee.
• State the reason for terminating the contract.

Information duty towards employees

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

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

The information may be provided in writing or electronically.

Right to work for another employer

An employee may also be employed by another employer. Accordingly:

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

Request to change the form of employment

An employee who has worked for at least 6 months may submit one request per year for:

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

Employer’s 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, the 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 for 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. In practice, each parent may use up to 32 weeks (or 34 weeks for a multiple birth).

Care leave

• Duration: 5 days per calendar year.
• Purpose: personal care or support for 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: urgent family matters caused by illness or an accident, where 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 work organisation to individual needs. They may include:

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

Who may use them?

The 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

An employer rejecting an employee’s request for a flexible work arrangement must provide a written explanation.

Other changes to know about

1. Shorter period 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: an employer 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 business has adapted:

• Update your workplace rules and notices to reflect the new rules for probationary contracts and termination.
• Adjust your employment contract templates to the new requirements on probationary periods and reasons for termination.
• Complete the information for employees to be provided within 7 days after they are allowed to start work.
• Implement a process for handling flexible-work requests, including written reasons for refusals.
• Update rules on parental, care, force majeure and paternity leave.
• Check whether your non-compete agreements are consistent with the 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 documents to the current state of Polish law, contact us.

Frequently asked questions

What specifically must an employer implement following the Work-Life Balance changes to Poland’s Labour Code effective from 26 April 2023?
Update workplace rules, employment contract templates (probationary periods and reasons for termination), and the information for employees that must be provided within 7 days after they are allowed to start work. Establish a process for flexible-work requests that requires written reasons for refusals; update rules on parental, care, force majeure and paternity leave; and check whether non-compete agreements are consistent with the right to parallel employment.

What are the new rules for probationary contracts under 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 shorter than 6 months, 2 months for a contract of at least 6 months but less than 12 months, and 3 months for a contract of at least 12 months or an indefinite term. The same employee may enter into another probationary contract only if they are to perform a different type of work. The parties may also agree to extend the period by the employee’s justified absence.

When terminating a fixed-term contract, must an employer now state a reason and consult a trade union?
Yes. Since 26 April 2023, termination of a fixed-term contract requires a reason and written notice to the relevant trade union organisation of the intention to terminate, if it represents the employee. The same requirements apply to termination of an indefinite-term contract.

Who may request a flexible work arrangement, and when must an employer explain a refusal?
Parents caring for a child up to 8 years of age and 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 may submit a request. 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 for 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 period for taking paternity leave has been reduced from 24 to 12 months from the child’s date of birth; after that, the right expires.