New EU labor directives – what do they contain?
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. Today we already know that the deadline was not met, 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.
We are talking about the following documents:
- Directive on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU – abbreviated as the work-life balance directive (No. 2019/1158),
- Directive on transparent and predictable working conditions in the European Union (No. 2019/1152).
Work-life balance directive – the most important assumptions
One of the goals of the work-life balance directive adopted in 2019 was to modify parental leave in such a way as to allow greater participation of fathers in raising children. According to analysts, fathers have repeatedly expressed a desire to take parental leave. The possibility of taking advantage of such a solution not only for the two weeks currently envisaged in Polish law, but for much longer, may result not only in better father-child relations, but also in a more stable position for women in the labor market.
What changes in the Labor Code are to be introduced by the planned amendment?
Parental leave
A colossal change included in the June 20, 2019 work-life balance directive is the introduction of a 4-month parental leave that any parent could take until the child turns 8. year of age. Moreover, the nine weeks of parental leave is the portion that is not transferable to the other parent. This is precisely one of the measures aimed at encouraging fathers to take parental leave – under the previous legislation, it was still women who overwhelmingly opted for parental leave.
Return of women to the labor market
Another premise of the directive is to make it easier for women to return to the labor market – the possibility of leaving the child with the other parent for an additional few months is expected to speed up the process and have a positive impact on maintaining a common-sense work-life balance, especially during the first period of parenthood.
Paternity leave
The discussed EU directive on paternity leave coincides almost 100 percent with the current law in Poland. Currently, fathers can take two weeks of paternity leave (either in full or in two periods of 7 days each). The same period (specifically, 10 working days) is stipulated in the new EU recommendations – the difference, however, is that under the European directive, fathers will have to use their paternity leave within 12 months of the child’s birth, rather than within two years, as at present.
These are not all of the provisions for which there was room in the so-called “Theory of the World”. work-life balance directives – we will return to the others later in the article.
Directive on transparent and predictable working conditions in the European Union
Directive 2019/1152 is the next step in the introduction of the European Pillar of Social Rights (read more about it here).
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).
The directive can also be applied to male and female employees working on the basis of the so-called “Directive”. zero-hour contracts – however, they must meet the above conditions to be able to determine employee status.
What does the EU document actually introduce? The premise of the directive is to establish minimum labor rights common to the entire European Union.
Basic elements of the employment relationship
The basis of a healthy relationship between employer and employee should be transparent communication, which is why Directive No. 2019/1152 requires employers to inform new employees in writing about the basic elements of the employment relationship. These include:
- 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.
All of the above information must be provided by the employer to the employee in writing no later than 7 days after the first day of work.
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
The described directive also affects a number of other provisions – among other things, it establishes a rebuttable presumption of the existence of an employment relationship based on the number of hours worked, provides for the possibility of filing a complaint or applying a favorable legal presumption if an employee fails to receive the above-mentioned. information within the applicable period (7 days or one month from the date of commencement of work, depending on the type of information).
It is also worth remembering that the latest document repeals the Council Directive on Informing Workers about Working Conditions (91/533/EEC) as of its entry into force.
New changes in the Labor Code – when will they be implemented?
Although all of the aforementioned changes to the Labor Code are effective as of August 2022, or more specifically, should take effect by August 2, 2022, a sizable number of them did not take effect until January of this year – these are primarily changes to parental, maternity, paternity and childcare leave. Other regulations are still waiting to go into effect, but have specific deadlines already set:
- Regulations governing parental leave and probationary contracts take effect on January 1, 2023;
- Solutions for sobriety checks at workplaces will go into effect on February 21, 2023;
- Regulations covering remote work will take effect on April 7, 2023. Learn more about controlling remote work.
Changes to the Labor Code – a list of the 10 most important changes
Despite the delay – and it is a serious one – the new regulations will sooner or later come into force. Below is a list of changes to the Labor Code to be expected in the coming months:
- Additional care leave
– Additional unpaid caregiving leave for employees who need to care for a child or other family member (such as a parent, husband or wife). Importantly, the loved one does not have to be a family member – it is enough that he or she is in a joint household. The leave will be granted at the employee’s request and can last up to five days per year.
- Additional leave due to “force majeure”
– The directive introduces 2 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.
- Longer parental leave
– parental leave is to be 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 will be available for use in up to five parts until the end of the year in which the child turns six. The 9 weeks of this leave will be usable only by the father, with no possibility of transferring the leave to the mother.
- Maternity benefit
– change in amount – the EU regulations provide for the introduction of a 70 percent maternity benefit for the entire period of parental leave. As the law currently stands, a mother taking parental leave can receive 100% of the benefit for the first six weeks and 60% for the remaining period.
- Paternity leave available for a shorter period
– fathers will be able to take two-week leave not for 24 months from the month of the child’s birth, but only for 12 months.
- Flexible working hours for parents of children under eight years old
– The new regulations are intended to 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.
- Remote working
– A definition of remote working and the associated obligations and privileges is to appear in the Labour Code. Under the draft amendments, the employer is to cover the cost of electricity and Internet charges used by the employee during working hours. Under the latest version of the legislation, the employer is also obliged to grant any request made by:- An employee who cares for a child or other family member with a disability certificate,
- An employee raising a child up to 4. year of age,
- a pregnant employee.
- Changes in probationary contracts
– Probationary contracts of no more than 6 months, and the right to ask the employer to change the form of employment to a more predictable one. This right is granted to each employee once a year. The employer, in turn, is obliged to provide a written response with reasons.
- Additional breaks during working hours
– The Labor Code amendment also introduces two additional breaks counted as working time (in addition to one basic break). A second break of 15 minutes will be available to employees whose daily working hours are at least 9 hours. The right to take a third break – also of 15 minutes – will apply to those who work more than 16 hours in a day.
- Sobriety check
– Under the new regulations, the employer gains the ability to conduct sobriety checks at the workplace. This examination can be performed in two cases: when it is necessary to ensure the protection of life and health of employees or other persons, or when it is necessary to protect property.
The company’s sobriety check can be performed using a calibrated device (i.e. a breathalyzer). What’s more, the employer must inform employees that it intends to introduce a sobriety control system – it can do so through work regulations or a notice. The most important thing is that this information should reach everyone affected a minimum of two weeks before the first inspection is carried out. Interestingly, the employer also has the option of conducting a sobriety check on an employee performing remote work.
It looks like the saga of the introduction of the provisions of the work-life balance directives and on transparent and predictable working conditions is coming to an end. April 7, 2023. all planned changes will already be in effect.
