Improving professional qualifications may take place at the initiative or with the consent of the employer.

As a rule, the employee does not have to agree to the employer's proposal to improve professional qualifications. However, in certain circumstances, the lack of such consent may result in termination of an employment contract.

Also, the employer does not have to automatically agree to every proposal of the employee regarding the improvement of his qualifications (in particular when the employee wants to acquire knowledge and skills that are not related to the professional qualifications needed for a given position or in a given workplace). If the employer does not agree, the employee may learn on his own. However, he does not use the amenities provided for in the Labour Code, for people raising professional qualifications.

Agreement on raising qualifications

It is only necessary to conclude such an agreement when the employer wants to oblige the employee to remain in employment for a certain period of time after the completion of the training. In the event of failure to comply with the loyalty agreement, the employee will be obliged to reimburse the employer for the costs incurred for additional benefits.

The Labour Code imposes an obligation to conclude a training contract in writing. However, it will be effective even if it is concluded in documentary form (e.g. by exchanging e-mails).

Employee's rights related to raising professional qualifications

An employee training with the consent or on the initiative of the employer may count on:

• training leave (6 or 21 days depending on the type of training undertaken by the employee);
• release from part or all of the working day for the time necessary to participate in classes (which includes the duration of the classes and the time necessary to arrive on time for these classes);
• additional benefits granted by the employer (e.g payment of tuition fees, travel to classes, purchase of study materials).

Above benefits are not available to an employee who is training on his own. In this case, the employer may voluntarily grant the employee unpaid leave or release from all or part of the working day.

Obligation to reimburse costs of additional benefits

The Labour Code lists situations in which the employer may require the employee to reimburse the expenses incurred in connection with his training (e.g. when the employee has not undertaken to improve his professional qualifications despite prior arrangements). Only expenses for additional services (e.g. training / course fee or reimbursement of textbooks) are reimbursed. The employer cannot demand coverage of losses resulting from the dismissal of the employee from part or the whole working day or granting him training leave.

More in the article by advocate Iza Gawryjołek and advocate trainee Agnieszka Piasecka „Improvement of the professional qualifications on employees“ Labour Law Quarterly (1 January 2021).

During the coronavirus pandemic, several additional obligations are imposed on employers. What difficulties must employers face when they are obliged to provide employees with preventive meals and drinks?

Problems that have arisen

In the winter period (i.e. from November 1st to March 31st), there was a practical problem regarding the method of providing a preventive meal and drinks to employees working in the open air. This particular obligation collides with the obligation of general covering of the mouth and nose in public spaces.
The possibility of consuming preventive meals in workplaces was also questioned. The regulation allowing the mouth and nose to be uncovered in such a situation was approved only on December 2, 2020, while the general obligation to cover the mouth and nose in generally accessible places (including workplaces) was in force since October 10, 2020. The limitations in running gastronomic activities also turned out to be problematic.

Characteristics of the employer's obligation

The employer's obligation results from Art. 232 of the Labour Code and consists of providing employees working in particularly arduous conditions, free of charge, with appropriate meals and drinks, if it is necessary for preventive reasons. Detailed requirements are specified in the regulation of the Council of Ministers.
The employer, wishing to fulfil the obligation in question, may not only give the employee a meal in the form of one hot dish but also take advantage of several other options, such as providing a voucher for the purchase of a meal or providing ready-made meals for its preparation.

Serving meals in the company canteen

Employers who decide to fulfil the obligation by serving one hot dish in the company canteen must remember to organize this process taking into account the distance between employees (at least 1.5 m), limiting the number of employees staying in the dining room at the same time and using a rotation system.
It is worth noting that despite the restrictions related to a catering business, the restrictions do not apply to employee canteens.

Vouchers for preventive meals

Many employers decide to fulfil their obligation to provide preventive meals and drinks by handing vouchers or coupons for the purchase of such meals or drinks. An employer choosing this model of fulfilling the obligation must, however, remember that the meal purchased by the employee in exchange for the coupon must meet the requirements of the regulation, i.e. have the appropriate calorific value and distribution of macronutrients.

Nonetheless, the pandemic limited the possibility of meeting the obligation to provide employees with preventive meals and drinks by handing employees vouchers for the purchase of meals. This relates to the closure of many eateries, where employees redeemed coupons provided by the employer.

More in the article by Attorney-at-law Dominika Dörre-Kolasa and Kinga Ciosk „Impact of the epidemic caused by the SARS-CoV-2 virus infection on the employer's obligation to provide employees with preventive meals and drinks“ Labour Law Quarterly (1 January 2021).