Amendments to The Polish Labour Code in September

05.09.2019

September is the month when four essential amendments to the Polish Labour Code enter into force. These alterations include the adolescents’ employment and remuneration principles, the rules for issuance of employment certificates and the regulations concerning discrimination and mobbing. When exactly shall these provisions come into force?

office business labour law

THE AMENDEMNTS FROM THE 1ST OF SEPTEMBER – adolescents’ employment and remuneration policy, training leave

The new provisions concerning employment and remuneration of the young employees aged between 15 and 18 have come into force on 1 September. The first amendment provides for the pay rise of 1%. It means that their remuneration shall be expressed as a percentage of the average salary in national economy.

The remuneration of adolescents from 1 September shall not be less than:

  • 5% during the first year of education
  • 6% during the second one
  • 7% during the third one.

Employers may request a refund of the increased costs from the Labour Fund.

The second amendment from 1 September, of no less importance, is the acquisition of the employees taking the examination confirming their professional qualifications or the vocational examination the right to 6 days of training leave.

THE AMENDEMNTS FROM THE 7th OF SEPTEMBER – employment certificates, mobbing, discriminations, leaves

On 7 September new provisions concerning the rules for issuance of employment certificates come into force. According to them an employer should issue an adequate certificate on the date when the employment ends, however, if it is not possible, the employer has 7 days to do that conducting from the date of employment termination. An employee has a legal right to a 14-day period for the eventual ask to an employer to correct the certificate or to ask the labour court to correct the document, if the employer refuses to do that.

New provisions impose financial penalties on employers who are late in issuing employment certificates. These penalties amount from 1 thousand to even 30 thousand zlotys.

More information on new employment certificate issuance policy

7 September is also the date when provisions concerning discrimination and mobbing amend. These amendments include introduction of an open catalogue of the circumstances justifying discrimination. As a result, any unequal treatment of employees unjustified by objective reasons shall be considered as discrimination. The catalogue has had so far a form of limitative list of conduct with specific characteristics of discrimination.

Moreover, an employee who experienced any type of mobbing, but who has not terminated the employment contract, shall be able to claim financial compensation from the employer (in an amount not lower than the minimum remuneration for work).

More information on improving the employee protection

Since 7 September provisions concerning rules on maternity, parental, paternity and additional paternity leave (granted if a child`s mother does not take the whole maternity leave) shall also amend.

In accordance with new legal regulations rights to such leaves shall be granted also to the employees other than a mother or a father who at the same time are the immediate family members (grandmother, grandfather, sister or brother).

 

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