Amendments to Labor Code in Poland in 2023

The new year will bring a number of significant changes to the Labor Law in Poland. At the beginning of the year, in the Polish Labor Code new regulations will appear with regards to:

  • remote work,
  • sobriety of employees,
  • parental and maternity leaves for foster and adoptive families.

The changes are to come into force in the first months of the year, so Polish employers have little time to adapt workplaces and internal documentation to the upcoming changes.

Sobriety control

On January 13, 2023, Polish Parliament completed works on the amendment to the Labor Code, which introduces a brand-new chapter on sobriety control of employees. New provisions regarding sobriety control of employees are to be in force soon – i.e. 14 days after the text of the new law is published in the Official Journal of Polish Laws. Therefore, this deadline is short, and it is expected that the changes will come into force in February 2023.

Employers should start preparing for the changes now - in particular:

  • equip workplaces with appropriate measuring equipment, and
  • prepare new versions of work regulations containing provisions on employee sobriety checks.

If you do not adapt your work regulations – you will not be able to conduct sobriety control

Employers who do not introduce new internal rules for carrying out sobriety control on time - will not be able to conduct such control. This also applies to employers who are not required to have internal work regulations.

The new provisions of employment code require that the employers provide employees with the rules for carrying out sobriety inspections in a manner customary in a given work establishment, e.g. by issuing an announcement. At the same time, it is worth remembering that employees must also have time to familiarize themselves with the rules for conducting control. Pursuant to the new law, the employer must inform employees about the introduction of the sobriety control and its rules no later than 2 weeks before the commencement of such control. Therefore, we recommend that employers prepare new regulations now - so that they can be introduced when the law enters into force.

Remote work

The new chapter of Polish Employment Code on remote work has been regulated by the same law as the chapter on employee sobriety control. However, in this case, the Parliament decided to provide employers more time to prepare for the changes. The new regulations regarding remote work in Poland are to enter into force after lapse of two months after the announcement of the law in the Official Journal of Polish Laws. Therefore, the regulation on remote work in Poland is expected to enter into force between March and April 2023.

The changes are to remove the the "old" and "outdated" chapter on telework from the Polish Labor Code and introduce completely new section in regarding remote work / home offices.

The new remote work law will regulate:

  • rules of performing remote work, including:
    • the obligations of the employee and the employer,
    • the possibility of controlling the conditions in which remote work is performed,
    • the employer's obligation to provide appropriate equipment and training,
    • issuing a cash equivalent to cover upfront the costs of organizing the workplace;
    • the possibility of reimbursing the costs of organizing the workplace if covered by the employee;
  • possibility for the employees to apply to the employer for an occasional remote work – for a period no longer than 24 days in the calendar year;
  • provisions on a special group of employees who cannot be denied the possibility to work remotely if requested by them – mostly the employees who are taking care of children or disabled family members;

Each employer shall also evaluate Polish Tax law risks regarding remote work, and in particular work from outside of Poland.

If new remote work regulations are far different from what was agreed individually with the employee, and the employer wants to standardize and stick to new regulations - it may be required to place modification / employment termination notice to the employees in order to introduce new rules.

Forced changes in internal regulations regarding remote work

The new regulations will require changes in the internal documents of the workplace. Respective changes should be introduced to the work and remuneration regulations. Employer can also introduce a whole new and separate regulation on a remote work. Employers should make sure that employees are aware of the rules of performing remote work and the possibilities of applying for remote work.

Status of the remote work regulation

The work of parliament on new regulations on remote work and sobriety control is now finished. On January 16, 2023, the act was submitted to the President for signature. The President of Poland now has 21 days to sign the act and publish it in the Journal of Laws. After the act is published, the changes will enter into force:

  • after 14 days – in the case of sobriety control
  • after 2 months – in the case of remote work.

Leave for foster and adoptive families

Changes regarding leaves for foster families and adoptive families are about to enter into force on February 1st 2023, these. Art. 182 and 183 of Polish Labor Code will gain a new, more precise wording. New condition on granting parental leave for this type of employees will also be introduced – it may be granted once or in four parts at most.

New labor obligations in 2023

In the light of the changes described above, there is no doubt that the new year will bring many new obligations for employers. Bearing in mind that the new regulations are to enter into force soon in 2023, it is recommended that employers familiarize themselves with the details of the upcoming changes in the regulations now and start preparing to implement the changes in their workplaces.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.