Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Remote Work and Sobriety Test Now in Labor Code

New Legislation Enacted

Authors: Miłosz Awedyk, Partner, and Michał Fijak, Associate – PCS | Littler

On February 21, 2023, a major amendment to the Labor Code was published. In addition to a number of minor adjustments, the amendment focuses on two issues. First, effective February 21, 2023, it allows employers to control the sobriety of employees in the workplace. This has been long-awaited and, until now, carrying out such an inspection was considerably more difficult and required the presence of a police officer.

Secondly, effective April 7, 2023, the amendment permanently incorporates remote work to the Labor Code. Previously, remote work was only addressed by temporary regulations adopted in connection with the COVID-19 pandemic.

Amendments to Labor Code Transpose EU Directives

New Legislation Enacted

Authors: Miłosz Awedyk, Partner, and Michał Fijak, Associate – PCS | Littler

Works on amending the Labor Code and several other acts, related to implementation of EU Directives, are finally near completion. On March 24, 2023, the act was signed by the President. The main purpose of the work-life-balance amendment is to implement the provisions of two EU directives into the Polish legal system.

The first implemented directive is Directive of the European Parliament and of the Council (EU) 2019/1152, which focuses on improving working conditions by promoting more transparent and predictable employment while ensuring the adaptability of the labor market. The second directive implemented by the amendment is Directive of the European Parliament and of the Council (EU) 2019/1158, which establishes minimum requirements to achieve equality between women and men in terms of labor market opportunities and treatment in the workplace by making it easier for employees who are parents or caretakers to balance work and family life. Still, works on the draft are pending and the deadline for implementation has already lapsed.

Law on Foreigners and Certain Other Acts

New Legislation Enacted

Authors: Miłosz Awedyk, Partner, and Michał Fijak, Associate – PCS | Littler

On March 21, 2023, the President signed an amendment to the Law on Foreigners and Certain Other Laws, which has been under development since late 2022. With the exception of a few provisions, the Act will enter into force on April 7, 2023.

The amendment is primarily aimed at a more effective application of the EU Parliament and Council regulations and Directive 2008/115/EC to eliminate deficiencies in the functioning of the common visa policy. The objectives set out in the amendment are to be achieved by introducing into national law provisions, mainly of a competence nature, indicating the authorities competent for the performance of particular tasks.

Ordinance on Employee Recordkeeping Requirements

New Order or Decree

Authors: Miłosz Awedyk, Partner, and Michał Fijak, Associate – PCS | Littler

Following the aforementioned amendment to the Labor Code introducing, among other things, control of employee sobriety, an ordinance introducing changes to the employee recordkeeping requirements will become effective on April 7, 2023.

In order to adapt the employee documentation to the changes in the law, a new part of the personal files covering documents related to sobriety control must be added, in accordance with the regulation. In addition, the previously known telework files will be replaced by remote work files.