Unknown effective date of the act implementing the work-life balance directive is a serious concern for employer | PRO HR August

2022.08.11

1 and 2 August 2022 were the deadlines for implementing two EU directives - on transparent and predictable working conditions and the so-called work-life balance directive.

At the beginning of July, news circulated in the media that the Polish legislator does not plan to meet this deadline, and the amendment to the Labour Code implementing these EU regulations will probably come into effect on 1 January 2023. 

Meanwhile, work on the bill in the Council of Ministers accelerated in mid-July.

On 15 July 2022, a new version of the bill was published, marked as final.

Most interestingly, the authors maintained the assumption that the regulations would take effect as of 1 August 2022.

The Government Legislation Centre pointed out that this deadline is unrealistic.

The Ministry of Labour did not share this approach, but said it would revise the deadline on an ongoing basis if it proves impossible to keep.

Let us recall that the new regulations are to introduce, among other things, a significant expansion of the employer's information obligation implemented at the beginning of employment.

Performance of only these obligations will require preparations on the part of employers.

However, the Ministry's conduct means that employers do not know when this obligation will have to be implemented, and they may not have enough time to prepare for it.

It cannot be ruled out that employers will have to implement this and other new obligations as early as 1 September 2022.

The short deadline for the entry into force of the new regulations would not be so much of a problem if it were already known, even approximately, when it would fall.

However, the Labour Ministry's response to the Government Legislation Centre's comment shows that even when the deadline is updated, one should not get attached to it, as it may still change several times. 

Find more in the PRO HR August 2022.