Employees will gain new privileges in the second half of April 2023. Then the amendment to the Labor Code, which implements the EU directive on work-life balance, will come into force. So the family resort presented three draft regulations that contain detailed rules, including applying for child leave and the collection of documents that will have to be submitted in connection with the use of new privileges. By the way, he decided to remove it a gap in the new regulations on remote work, which will come into effect from April 7, 2023.
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What is the dimension of remote work and holidays?
One of the regulations mentioned concerns changes to employment certificates. The family resort thus eliminates the doubts that arose in connection with the so-called occasional remote work. Let us remind you that under the new regulations, the employer and the employee will be able to decide to introduce either regular remote work (total or hybrid) or occasional remote work, for a maximum of 24 days in a calendar year. In the latter case, simplified rules will apply (e.g. the company will not have to pay a lump sum for electricity and internet consumption at home).
However, the existing regulations did not specify settling the limit of occasional remote work in the event of a change of employment during the year (e.g. in a situation where the subordinate worked in one company in the period from January 1 to June 30, and started employment in another entity on July 1). Information on this issue was provided by the Ministry of Family and Social Policy in response to a parliamentary interpellation (no. 38835), which we informed about in Business Insider Polska. Ultimately, however, the ministry decided to clarify the provisions in question. The said draft regulation provides that the period of performing occasional work will have to be indicated separately in the employment certificate. So if the employee changes his job, e.g. from July, his current employer will indicate in the certificate how many days of occasional remote work the subordinate used in the period from January to June (e.g. 10 days), thanks to which the new company will know how many such days can still be to a newly employed person in the period from July to the end of December (in the given example it will be 14 days).
— These regulations are to enter into force within seven days of the announcement, so they are implemented “at the last” moment, taking into account that the amendment to the Labor Code implementing the new remote work rules enters into force on April 7, 2023. However, it is good that the legislator decided settle this issue. In general, it is worth noting that in April, companies, and in particular HR departments, have to face the accumulation of changes in labor law. First, the new rules for remote work will come into force, and then the extensive amendment to the Labor Code on work-life balance will come into force, emphasizes Oskar Sobolewski, a pension and labor market expert.
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Holiday and parental benefits
On the same terms, the draft regulation also provides that the company is to indicate in the employment certificate the length of the carer’s leave used and the new leave from work (in the calendar year in which the subordinate changes job). Let us remind you that according to the amendment to the work-life balance, employees will gain five days carer’s leavewhich will be provided to provide personal care or support to a family member (parents, children or spouse). They will also benefit two days off due to force majeure in urgent family matters caused by illness or accident. Thanks to the information from the employment certificate, the new employer will know how many days of such leaves the employee has left to use.
Importantly, employees will also benefit from: an additional nine weeks of parental leave, which in practice will be dedicated to fathers. Therefore, the family ministry presented a draft of a new regulation on applications for the use of new guardianship rights. For example, an application for parental leave should indicate:.
- first name and last name worker’s;
- dimension parental leave used so far;
- the period for which the leave is to be granted.
The following will have to be attached to the application:
- abridged copy of the birth certificate child(ren) or a copy thereof;
- employee statement about the lack of intention to take parental leave by the other parent of the child (for the period indicated in the application).
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File collection
The last, third draft of the regulation concerns employee documentation. It adapts these issues of document storage to the discussed amendments to the Labor Code. Therefore, e.g. in part B of the personal file, it will be necessary to include the employee’s requests, e.g. to change the type of contract for an indefinite one or for more predictable and safe working conditions (the possibility of submitting such applications is provided for in the amendment on work-life balance).
Employee records will also include: applications for carer’s leave or leave from work due to force majeure.
Author: Łukasz Guza, journalist at Business Insider Poland