As of today a material amendment to the Labour Code with respect to working time has entered into force.

The new provisions allow for the extension of the work time settlement periods up to 12 months in any working time system, provided that it is justified by objective or technical reasons or reasons concerning working time organization. Furthermore, the new law makes it possible to introduce flexible working hours, in two options: the working time schedule provides for different hours of starting work on particular days, or the working time schedule provides for flexible time bands, within which an employee may decide when to start his/her work. It has been explicitly regulated that taking advantage of the flexible working time schedule shall not constitute overtime work. Unionized employers can introduce both the extension of the settlement period and flexible working time schedules only in a collective bargaining agreement or in an agreement with unions. Non-unionized companies need to agree on such changes with elected employee representatives.

In addition the new law provides that:

  • working time schedules may be set up either in writing or in electronic form;
  • working time schedules may be prepared for the period shorter than the working time settlement period, however at least for 1 month;
  • employers need to announce the working time schedule to the employees at least a week in advance;
  • the time of making up for credit hours due to short leaves granted to an employee upon his/her written request for the purpose of dealing with the employee's private matters does not count as overtime work.

The new law will give much more flexibility in working time management and will clarify certain contentious issues. On the other hand, one should be prepared to encounter certain difficulties, including insufficient flexibility in amending the working time schedules already communicated to the employees, if such amendment is required due to an urgency.

Supreme Court ruling – posted employee's remaining within the Polish social security scheme

In a ruling dated August 6, 2013 (II UK 116/13) the Supreme Court found that an employee who had not been covered by Polish social security system (e.g. through employment in Poland) may not be subject to Polish social security during his posting to France for the purpose of performing work there. As a consequence, the Polish employer will have an obligation to remit the social security contributions for such employee to the French system. In the Court's opinion the provisions of the EU Regulation No. 883/2004 which allow a posted employee to remain in the home country's social security system during a period of 24 months apply if the employee had been actually encompassed by the social security (e.g. employed) in Poland for the period of at least one month immediately preceding the posting. The ruling confirms the Social Security Office's practice regarding issuance of A1 certificates.

Changes in law – excusing absence from work with a baby-sitter's sickness

On July 13, 2013 an amendment to the law on sickness and maternity benefits entered into force. Following the change, an employee has a right to a social security funded allowance for taking care of his/her child also in case of a sickness of a baby-sitter. However, other, corresponding provisions have not been adjusted to the new law (mainly with respect to the rules of excusing absences from work). As a consequence, it is not clear whether an employee has a right to be released from work in case of baby-sitter's sickness, and if so, what documents may be requested by the employer to substantiate the reason of the absence. A pertinent adjustment of employer's internal policies could resolve the doubts.

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.