The implementation of two EU directives - on transparent and predictable working conditions and on work-life balance for parents and carers - is imminent.

The acceleration of the work is justified - the deadline for implementing both directives passed in August 2022, and the European Commission has already taken the first steps against Poland in connection with the delay.

The proposed regulations grant some special rights to, among others, parents of children up to the age of 8 (rather than up to the age of 4, as before). In practice, this group of eligible employees may be one of the most numerous groups at many employers.

The employer will not be able to order them to work:

• overtime;
• at night time;
• under an intermittent working time system;
• or post them outside their permanent place of work without their consent.

Employees will also be able to request flexible work arrangements, including remote work, a shortened work week, a weekend work system or an individual work schedule. The employer will be required to process the request within 7 days.

The filing of the request cannot constitute a reason justifying the termination of the employment contract or its termination without notice.

The amendment also provides for other significant changes in labour law, among others:

• an obligation to justify the termination of a fixed-term employment contract;
• making the length of the trial period dependent on the expected duration of the fixed-term employment contract, as well as the type of work;
• two additional breaks for the employee counted as working time;
• the right to parallel employment;
• unpaid care leave of 5 days to provide personal care or support to relatives;
• force majeure exemption for urgent family matters due to illness or accident of 2 days or 16 hours.

Employers should keep a finger on the pulse as they will have 21 days to implement the changes.

Find more in the PRO HR March 2023