Poland – New Regulations Applicable From January 2017

    View Author January 2017
    Work Regulations and Remuneration Regulations – New Limits

    Effective January 2017, employers with 50 or more employees that are not covered by a collective bargaining agreement must create a set of “Work Regulations” (specifying organization and work processes and related employee/employer rights) as well as “Remuneration Regulations” (specifying the terms and conditions of remuneration for work and details of other work-related benefits).

    It is worth noting that, if the employer has established Work Regulations, the employer must notify a new employee in writing within seven days of his joining/contractual start date of: the normal daily and weekly working times, the frequency of remuneration payments, annual leave entitlement, notice period and any collective bargaining agreement by which the employee is covered. If the employer is not obliged to establish Work Regulations, then in addition to the above, it must also notify the employee of: any applicable night-time working hours, the time, place and date of remuneration payments and the procedures for monitoring attendance.

    Social Benefits’ Fund – New Limits

    Effective January 2017, a Social Benefits’ Fund must be created by employers that employ at least 50 full-time equivalent employees, as of 1 January of a given year.

    • Employers with at least 20 but less than 50 full-time equivalent employees must create a fund if it is requested by trade union organization active in the workplace.
    • Employers with less than 50 full-time equivalent employees as of 1 January each given year may (voluntarily) create a fund or may pay out a holiday allowance.
    Appeal to the Labor Court – New Deadlines

    January 2017 sees the introduction of new time limits for appealing to the Labor Court against termination with or without notice and expiration of the employment agreement. The previous 7 and 14 day periods are extended to 21 days from the delivery of the letter notifying termination of the employment contract with or without notice, or of the date of the expiry of the employment contract. Additionally, a claim to establish an employment contract must be filed with the Labor Court within 21 days from delivery of the notification refusing admission to work.