Changes to the Labor Code – key changes and current labor laws

It has been common knowledge for a long time that the Labour Code in Poland is facing far-reaching changes. There were several reasons for their introduction – the EU directives that came into force on 1 and 2 August 2022. However, legislative work on the part of the Polish government was prolonged and all the planned changes were not enacted until 8 February 2023. Read on and find out the answers to the most relevant questions.
Table of contents:

How has the labor code changed in recent years?


An amendment to the Labor Code was adopted in 2023. It was at this point that two important EU directives were implemented. We are talking about the following documents:

  • EP and Council Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union.

Let’s start with the fact that the directives under discussion here are nothing new – these documents were adopted by the European Parliament in 2019, and member states have committed to implementing the provisions envisioned in the directives by August 2022. The deadline was not met by the Polish government, but the changes were finally passed. February 8, 2023. The Sejm rejected amendments proposed by the Senate and passed an amendment to the Labor Code constructed on the basis of two EU directives.

Work-life balance directive – the most important assumptions

Parental leave

Return of women to the labor market

Paternity leave

Directive on transparent and predictable working conditions in the European Union

This document applies to persons working under an employment contract or in an employment relationship with an employer (in accordance with applicable national law or accepted practice). An additional criterion is the working time – for an employee to be covered by the directive on the transparent and predictable working conditions in the EU, it must be more than three hours a week (more than 12 hours a month).

Basic elements of the employment relationship

  • The identity of the parties to the employment relationship, the place of work and its nature,
  • The date on which the employment relationship began and the date on which it ended (in the case of fixed-term contracts),
  • The start and end date of the trial period (if applicable),
  • The amount of basic pay, overtime pay, the method of payment of wages and the frequency of payments,
  • The length of the working day and week for a predictable working time system,
  • The hours and days of work on which the employee may be required to work on an unpredictable basis, the minimum period of notice before the start of work, the number of guaranteed working hours for which the employee will be paid.

Supplementary information

The set of data that the employer should provide to the employee does not end there. Here is the supplementary information – the employer has one month to provide it, counting from the first day of work:

  • number of days of paid vacation,
  • training law and conditions,
  • Provisions in collective agreements governing an employee’s working conditions,
  • the name of the social security institution to which social security contributions are paid, provided that the payment of such contributions is the responsibility of the employer,
  • The length of the notice period and the conditions for its determination in the event of termination of employment,
  • information on utility companies (using temporary workers) – this applies only to temporary workers and is only applicable if these entities are known.

Minimum requirements of an employment contract

The Directive on Transparent and Predictable Working Conditions also contains provisions governing the minimum requirements of an employment contract. These include:

  • The right to a probationary period – this period may not exceed six months except for two exceptions: when an extension is in the interest of the employee or when justified by the nature of the work,
  • The right to take up employment with another employer – this right applies if the work for another entity takes place outside of established working hours and if there are no other restrictions on combining positions,
  • The right to refuse to perform work outside of the hours and days of reckoning established in the labor contract,
  • The right to request a form of employment characterized by predictable or safer working conditions – this right is granted to employees who have provided services to the same employer for at least six months.
  • The right to benefit from free training – this right applies when the employer is obliged to provide such training to employees.

Other findings of the directive

  • ogranicza stosowanie umów o pracę na żądanie,
  • ustanawia wzruszalne domniemanie istnienia stosunku pracy w oparciu o liczbę przepracowanych godzin,
  • provides for the possibility of filing a complaint or applying a favorable legal presumption if an employee fails to receive the above. information within the applicable period (7 days or one month from the date of commencement of work, depending on the type of information).

New changes in the Labor Code – when will they be implemented?


Changes to the Labor Code – a list of the 12 most important changes


We present a list of changes to the Labor Code that have come into effect in recent years.

1. additional care leave

Additional unpaid caregiving leave available to employees who need to care for a child or other family member (such as a parent, husband or wife). The leave is granted at the request of the employee and can last up to five days per year.

2. additional leave due to “force majeure”



The directive introduced two working days or 16 hours of leave due to force majeure (emergency, illness or other significant event). This leave is paid at 50% of basic salary.

3. longer parental leave



Parental leave has been extended by 9 weeks (from 32 weeks in the case of a single child birth and 34 weeks in the case of multiple births to 41 and 43 weeks, respectively). This leave can be taken in up to five parts until the end of the year in which the child turns 6. year of life. Each parent who is also an employee is entitled to an exclusive right to 9 weeks of parental leave (out of the aforementioned 41 or 43 weeks). This means that the 9 weeks cannot be used by the other parent.

4 Maternity benefit – change in amount



EU regulations have introduced a 70% maternity benefit for the entire period of parental leave. A mother taking parental leave can receive 100% of the benefit for the first 6 months and 60% for the rest of the period, or she can file an appropriate application up to 21 days after the birth, so she will receive a maternity benefit for the entire period of leave (maternity and parental) of 81.5%. The benefit for the father, taking the 9-week portion of the leave, is also 70% of the benefit base.

5. Urlop ojcowski dostępny krócej



Fathers can take the two-week leave not for 24 months from the month of the child’s birth, but only for 12 months.

6. flexible working hours for parents of children under eight years of age



The new regulations guarantee employees raising children under eight years of age flexible working hours (or justification in writing if they refuse to do so), as well as the inability to order night work, send on business trips or schedule overtime without the employee’s consent.

7. remote work

8. changes to probationary contracts

9. additional work stoppages

10 Rules for training

11. termination of a fixed-term contract

12. protection from dismissal

  • The employee claimed to exercise his right to reimbursement of training costs and/or to have the time of the training, which took place outside working hours, included in working time.
  • the employee has requested a change in the terms and conditions of employment, to something more predictable and/or secure,
  • The employee has requested a change in the type of employment contract to a contract of indefinite duration,
  • the employee was in a simultaneous employment relationship with another employer or was in a legal relationship that was the basis for the provision of work other than an employment relationship (unless he acted in this way in contravention of separate regulations),
  • The employee sought the provision of information about the conditions of employment or a change in them,

What’s next for the labor code? What changes in 2026?


Currently – as of 17/10/2025. – the bill under discussion is being debated in the Senate. If it is adopted by the Upper House of Parliament and then signed by the President, the legislation will go into effect on January 1, 2026. However, it is possible that work on the amendment will be prolonged. We will report on the changes in this blog post.

  • periods of service under civil law contracts,
  • periods of self-employment, i.e. the conduct of non-agricultural economic activity by an individual. Thus, this group will include entrepreneurs, creators, artists, persons operating in the so-called “freelance” profession, partners in sole proprietorships of limited liability companies, general, limited partnerships and partnerships, shareholders of simple joint-stock companies, as well as persons running public or non-public schools or preschool education institutions.
  • periods in which a person cooperated with an individual engaged in one of the above-mentioned activities, provided that contributions to pension, disability and/or accident insurance were paid,
  • periods of performance of agency contracts by an individual (also applies to associates),
  • periods of being a member of an agricultural production cooperative or a cooperative of agricultural wheels.

What’s more, also the period of suspension of the business activity, carried out by the entrepreneur or a cooperating person, will count as seniority – under two conditions:

  • The reason for the suspension was the personal care of the child,
  • pension contributions were paid for the period of suspension.

The basis for confirming the “new” periods of employment will be a certificate issued by the Social Security Administration:

  • Certificate of pension insurance coverage.
  • Certificate of enrollment in health insurance.

In order to obtain such a document, interested persons will have to apply to the Social Insurance Institution for the aforementioned certificate. The Social Insurance Institution will be able to issue them on the basis of regulations that, according to the plan, will come into force simultaneously with the amendment of the Labor Code.

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