Poland > Labour codes, general labour and employment acts

Poland - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

Regulation of the Council of Ministers of 9th August 2016 to concern the Codification Commission of Labour Law (Text No. 1366). (Rozporzadzenia Rady Ministrow z dnia 9 sierpnia 2016 r. w sprawie Komisji Kodyfikacyjnej Prawa Pracy ) -

Adoption: 2016-08-09 | Date of entry into force: 2016-09-01 | POL-2016-R-103898

The Regulation defines:
1) subject matter of the Codification Commission of Labour Law
2) composition and working procedures of the Commission;
3) financing of the Commission.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 22nd June 2016 to amend the Labour Code and some other Acts (Text No. 1053). -

Adoption: 2016-06-22 | Date of entry into force: 2016-08-03 | POL-2016-L-103893

Amendments to the article 176. § 1 and art. 179 § 1; 2 of the Labour Code to implement the EU Directive. Pregnant and brest feeding women will not be able to perform onerous, dangerous or harmful work which may adversely affect their health, pregnancy or childbirth.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 13th May 2016 to amend the Labour Code (Text No. 910). -

Adoption: 2016-05-13 | Date of entry into force: 2016-09-01 | POL-2016-L-103891

Amendments to the:
art. 29 § 2 employment contract is to be concluded in writing
art. 104 § 2 Employer is obligated to instruct employee on the work regulations prior to the commencement of work
art. 200 § 5 Employer is obligated to instruct adolescent worker on the list of light work.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of the 25 June 2015 to amend the Labour Code and some other acts (Text No. 1220). -

Adoption: 2015-06-25 | Date of entry into force: 2016-02-22 | Date of gradual entry into force: 2015-08-30 | POL-2015-L-101448

Article 1. Amendments to the Labour Code: definition of labour contracts: on probation, definite and indefinite period and procedures of their termination
Article 2. Amendment to the Act on common duty to protect the Republic of Poland in regard to different types of labour contracts as in article 1.
Article 3. Amendments to the Act respecting workers employed in State institutions in regard to different types of labour contracts as in article 1.
Article 4. Amendments to the Act on social security cash benefits in case of sickness and maternity entitlement for maternity grant after expiration on insurance
Article 5. Amendments to the Act on foreign service definition of family members
Article 6. Amendments to the Act on special rules on termination of employment for reasons not attributable to employees
Article 7. Amendments to the Act on Social Employment assistance in finding employment
Article 8. Amendments to the Act on the employment of temporary workers: employment contract through job agencies
Article 9. Amendments to the Act on substitute service: termination of fixed term job contract
Article 10. Amendments to the Act on Civil Service first contract for 12 months period
Article 11. Amendments to the Act on Local government employees first contract for no longer than 6 months period

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 24 January 2014 to amend the Labour Code (Text No. 208) -

Adoption: 2014-01-24 | Date of entry into force: 2014-03-04 | POL-2014-L-98365

Amendments to the article 151 of the Labour Code concerning remote work performed for foreign employer. In such cases work on Sundays and Saturdays is allowed, however other day in lieu is to be granted.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 26 July 2013 to amend the Labour Code (Text No. 1028). -

Adoption: 2013-07-26 | Date of entry into force: 2013-10-01 | POL-2013-L-95248

Amends the principal Act in order to incorporate the provisions of Council Directive 2010/18/EU of 8 March 2010, implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC.)

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 28th May 2013 to amend the Labour Code and some other Acts (Text No. 675). -

Adoption: 2013-05-28 | Date of entry into force: 2013-06-17 | Date of gradual entry into force: 2014-01-01 | POL-2013-L-95257

Article 1. Amendment to the Labour Code pertaining maternity leave after giving birth and additional maternity leave.
Article 2. Amendment to the Teachers' Charter regarding vacation days not used before school holidays.
Article 3. Amendment to the Police Act non-dismissal of pregnant policewomen.
Article 4. Amendment to the Act of 12 October 1990 on border guards non-dismissal of pregnant worker.
Article 5. Amendment to the Act of 24 September 1991 on State Fire Services: non-dismissal of pregnant worker.
Article 6. Amendment to the Act of 10 December 1993 to concern Old-age professional soldiers and their families benefits, describes base used in benefits calculation.
Article 7. Amendment to the Act of 18 February 1994 on old age benefits of police officers, the Agency Internal Security Intelligence Agency, the Military Counter-intelligence Service, the Military Intelligence Service, Central Anti-corruption Bureau, the Border Guard, the Government Protection Bureau, State Fire Service and Civil Service Prison and their families, amendments relating to base used in benefits calculation.
Article 8. Amendment to the Act of 27 September 1997 on social and vocational rehabilitation and employment of the disabled, added to art. 21 al.5 remaining on maternity leave.
Article 9. Amendment to the Act of 12 December 1997 on the supplementary annual salary for public services employees art. 2al 3 use maternity leave added.
Article 10. Amendment to the Act of 13 October 1998 on the social insurance system.
Article 11. Amendment to Act of 25 June 1999 on social security cash benefits in case of sickness and maternity, pertaining maternity benefits available also to fathers.
Article 12. Amendment to the Act of 16 March 2001 on the Government Protection Bureau. Absence and benefits for employees on maternity leave.
Article 13. Amendment to the Act of 24 May 2002 on Internal Security Agency and Intelligence Agency: benefits for employees on maternity leave.
Article 14. Amendment to the Act of 11 September 2003 on the military service of professional soldiers: benefits for employees on maternity leave.
Article 15. Amendment to the Act of 20 April 2004 on promotion of employment and on labour market institutions: situation of pregnant unemployed.
Article 16. Amendment to the Act of 2 July 2004 on freedom of economic activity, when calculating average annual employment employees on parental, maternity and child care leave are not taken into consideration.
Article 17. Amendment to the Act of 27 July 2005 on Higher Education: benefits for employees on maternity leave.
Article 18. Amendment to the Act of June 9, 2006 on the employees of the Military Counter-intelligence Service and
Military Intelligence Service: situation of pregnant unemployed.
Article 19. Amendment to the Act of 9 June 2006 on the Central Anti-corruption Bureau: situation of pregnant unemployed.
Article 20. Amendment to the Act on the Protection of Workers' Claims in Case of Employer's Bankruptcy social contributions for employees on maternity, parental or child care leave.
Article 21. Amendment to the Act of 6 December 2008 to amend the Labour Code and some other Acts maternity period incremental.
Article 22. Amendment to the Act of 27 August 2009 on Customs Services: maternity leave.
Article 23. Amendment to the Act of 9 April 2010 on the Prison Service: maternity leave.
Article 24. Amendment to the Act of 30 April 2010 on the principles of science financing.
Article 25. Amendment to the Act of 30 April 2010 on the National Science Center
Article 26. Amendment to the Act of 30 April 2010 on the Polish Science Academy.
Article 27. Amendment to the Act of 3 December 2010 to implement some EU regulations concerning equal treatment protection of pregnant employee.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 9 November 2012 to amend the Labour Code and some other acts (Text No. 2). -

Adoption: 2012-11-09 | Date of entry into force: 2013-01-17 | POL-2012-L-95449

Article 1. Amendment to the Lab our Code: repealed art. 209 on Health and Safety employers actions, in article 283/§2 on responsibility for work Health and safety point 1 is repealed.
Article 2. Amendment to the Act respecting the State Inspectorate of Health.
Article 3. Amendment to the Act of 29 June 1995 on the Public Statistic.
Article 4. Amendment to the Act of 13 October 1995 on the rules of records and identification of taxpayers and payers, provisions regarding deadline for Number of Tax Information (NIP) granting.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of the 26 May 2011 amending the Labour Code (Text No. 855). -

Adoption: 2011-05-26 | Date of entry into force: 2011-07-28 | POL-2011-L-89780

Amends Article 50(5) of the Labour Code with respect to termination of employment is not applied to employee during pregnancy, maternity leave as well as being under employment protection from trade union laws.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 5th January 2011 amending the Labour Code (Text No. 181). -

Adoption: 2011-01-05 | Date of entry into force: 2011-03-21 | POL-2011-L-89519

Amendments to Article 97 regarding issuing certificate of employment and Article 229 in terms of medical examination both amendments consider the case of employee with multiple short term work agreements with the same employer.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 25 November 2010 to amend the Labour Code (Text No. 1655). -

Adoption: 2010-11-28 | Date of entry into force: 2011-01-01 | POL-2010-L-86340

Amends the Labour Code to provide for two weeks of paternity leave for father of a new born baby (article 182(1)).

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 24th September 2010 to amend the Labour Code and some other Acts (Text No. 1459). -

Adoption: 2010-11-26 | Date of entry into force: 2011-01-01 | POL-2010-L-86333

Makes amendments concerning statutory holidays providing that there will be no replacement holiday if the holiday falls on weekend. Also introduces a new statutory holiday for 6th January (Epiphany).

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 20 May 2010 to amend the Labour Code and Act on Personal Income Tax (Text No. 655). (Ustawa o zmianie ustawy - Kodeks pracy oraz ustawy o podatku dochodowym od osób fizycznych) -

Adoption: 2010-06-15 | Date of entry into force: 2010-07-16 | POL-2010-L-86337

Introduces supplementary days off work and financial incentives for employees undertaking trainings or completing their education (articles 103.1-103.6).

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 5 November 2009 to amend the Labour code (Text No. 1704). -

Adoption: 2009-11-05 | Date of entry into force: 2010-01-06 | POL-2009-L-82772

Introduces a number of amendments regarding maternity leave.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 22 May 2009 amending the Labour Code and some other Acts (Text No. 825). (Ustawa z dnia 22 maja 2009 r. o zmianie ustawy - Kodeks pracy oraz o zmianie niektórych innych ustaw) -

Adoption: 2009-05-22 | Date of entry into force: 2009-07-03 | POL-2009-L-82755

Makes amendments to the Acts regarding occupational accidents and procedures to follow by employer in case of such accident, also includes occupational disease definition.
Amends sections concerning employers obligation to keep work accident records for 10 years and immediately report accident to the Health and Safety Inspectorate. Also makes amendments to the diagnosis of occupational disease by medical professionals, who can now send patients for further medical examinations in order to establish the cause of illness. Quotes the definition of occupational disease.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 7 May 2009 to amend the Labour Code (Text No. 958). -

Adoption: 2009-05-07 | Date of entry into force: 2009-08-04 | POL-2009-L-82758

Amends articles 207, 209 and 237 with respect to first aid and evacuation in the event of a fire.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 19th December 2008 to amend the Act 2004 on promotion of employment and on labour market institutions and some other Acts (Text No. 33).

Adoption: 2008-12-19 | Date of entry into force: 2009-02-01 | Date of gradual entry into force: 2010-01-01 | POL-2008-L-82710

Makes a large number of amendments to the 2004 Act with respect, inter alia, to Chapter 6 concerning employment agencies, supervision of agencies, the role of local government through job centres in tackling unemployment, training of unemployed persons and their costs. Repeals Chapter 13, and adds a new Chapter 13a added concerning special programs by whom can be set-up, the level of financial aid from local and central governments, conditions for undertaking employment by foreigners. Also makes consequential amendments to a number of other Acts.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 9 May 2008 to amend the labour Code; the Labour Code (Amendment) Act and certain other Acts (Text No. 586).

Adoption: 2008-05-09 | Date of entry into force: 2008-06-29 | POL-2008-L-80372

Makes minor changes to the Labour Code to paragraphs 1 and 5 concerning collective agreements, and repeals paragraph 3.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 28 March 2008 amending the Act of 9 November 2000 amending the Labour Code and certain other Acts (Text No. 523).

Adoption: 2008-03-28 | Date of entry into force: 2008-06-20 | POL-2008-L-80361

Amends paragraphs 9 (employers' organizations) and 12 (collective agreements) of the previous Act.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 24 August 2007, amending the Laboour Code (Text No 1239).

Adoption: 2007-08-24 | Date of entry into force: 2007-10-25 | POL-2007-L-79347

Amends provisions concerning working on Sundays and during the public holidays.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 24 August 2007, amending the Labour Code and some other Acts (Text No 1288).

Adoption: 2007-08-24 | Date of entry into force: 2007-10-15 | POL-2007-L-79348

Makes amendments to the regulations concerning telework.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 18 October 2008 to amend the Labour Code (Text No. 1587).

Adoption: 2006-10-18 | Date of entry into force: 2006-11-30 | POL-2006-L-79281

Makes amendments to the Act with respect to annual leave (Articles 130(2) and 155).

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 14 November 2003 to amend the Labour Code and certain other acts (Text No. 2081).

Adoption: 2003-11-14 | Date of entry into force: 2004-01-01 | POL-2003-L-67739

Numerous major amendments. Amends inter alia provisions in respect of equal treatment in employment, employment relationship, employment contracts (establishment, execution and termination and wording), conditions of employment for employees seconded to work in Poland, wages and other benefits connected with work, and deductions from wages.

Amends also provisions with regard to recruitment, employer's duty to prevent mobbing, working time (definition of working time, rest periods, arrangement of working time, night work, work on Sundays and during public holidays), female employee's rights regarding pregnancy and breastfeeding and child care leave, occupational safety and health, consultations with trade unions on wages and collective agreements).

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 26 July 2002 to amend the Labour Code and several other acts (Text No. 1146).

Adoption: 2002-07-26 | Date of entry into force: 2002-11-28 | POL-2002-L-63690

Various and numerous amendments. Introduces, inter alia, in article 9 provisions allowing the employer, when his financial situation so requires, to suspend up to 3 years and in consultation with trade unions the application of labour regulations pertaining to rights and obligations of the employer and the employees respectively. This does not apply however to provisions of the Labour Code.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 24 September 2001 to amend the Labour Code and the Act on social security cash benefits in case of sickness and maternity (Text No. 1075).

Adoption: 2001-09-24 | Date of entry into force: 2001-05-21 | POL-2001-L-62586

Minor amendments.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 24 August 2001 to amend the Labour Code Act and some other acts (Text No. 1405).

Adoption: 2001-08-24 | Date of entry into force: 2002-01-20 | POL-2001-L-64558

Amends provisions relating to equal treatment of men and women, terms and conditions of employment for employees sent to work abroad in EU countries, maternity leave, employment of minors, and trade unions.

Poland - Labour codes, general labour and employment acts - Law, Act

Act of 9 November 2000 amending the Labour Code and certain other Acts (Text No. 1127).

Adoption: 2000-11-09 | POL-2000-L-58957

Numerous substantial amendments.

Poland - Labour codes, general labour and employment acts - Law, Act

Proclamation of 23 December 1997 of the Minister of Labour and Social Policy to publish a consolidated reprint of the Labour Code. -

Adoption: 1997-12-23 | Date of entry into force: 1998-02-16 | POL-1997-L-49416

The proclamation contains an updated and consolidated text of the Polish Labour Code of 26 June 1974. The Labour Code defines the employee as a person employed on the basis of a contract of employment, an appointment, an election, a nomination, or a cooperative contract of employment; it defines the employer as any organisational unit even if it has no legal personality, and any legal person if they engage employees. The Labour Code also regulates such matters as employment relationship, salary, duties of employer and employee, financial liability of employees, working time, the employees' leave, protection of women's work, employment of young adults, work safety and hygiene, collective labour agreements, the consideration of claims arising from employment relationships, the responsiblity in cases of violation of employee's rights, limitation of claims, as well as group organisation of work.

Poland - Labour codes, general labour and employment acts - Law, Act

Act No. 110 of 2 February 1996 to amend the Labour Code of 1974 as well as some other Acts.

Adoption: 1996-02-02 | POL-1996-L-45097

Poland - Labour codes, general labour and employment acts - Law, Act

Labour Code of 26 June 1974 as amended to 25 October 1992

Adoption: 1992-10-25 | Date of entry into force: 1974-06-26 | POL-1992-L-34623

Poland - Labour codes, general labour and employment acts - Law, Act

Act to amend the Penal Procedure Code, the Dispute Settlement Procedure Code, the dispute settlement boards system and the Labour Code (text No. 251).

Adoption: 1990-06-08 | POL-1990-L-20861

Poland - Labour codes, general labour and employment acts - Law, Act

Act to amend the Labour Code and certain other Acts. Text No. 197.

Adoption: 1989-04-07 | Date of entry into force: 1989-05-01 | POL-1989-L-8387

Poland - Labour codes, general labour and employment acts - Law, Act

Labour Code of 26 June 1974 (Dz.U. 1974 Nr 24 poz. 141) (Ustawa z dnia 26 czerwca 1974 r. Kodeks pracy) -

Adoption: 1974-06-26 | POL-1974-L-45181

Sets out provisions for employment in Poland. In 2019, the Code was amended with respect to discrimination and mobbing (workplace bullying), as well as parental rights, deadlines concerning work certificate rectification and rules regarding limitation of claims within employment related litigation. Below please find our brief summary regarding key points of the solutions introduced recently:

1. Discrimination: Widening the catalogue of possible grounds for discrimination; in practice it means that an employee will be more easily able to claim that he / she is discriminated against for reasons other than those specified explicitly in the Labor Code.

2. Mobbing (workplace bullying): The possibility of making claims of mobbing (workplace bullying) including during employment with the employer. Prior to the amendment this right was only conferred to an employee who terminated the employment relationship due to mobbing, what meant that in case of employees who remained employed or with whom the employer terminated the employment relationship it was impossible or difficult to claim damages.

3. Parental rights: Granting protection against termination of a work contract equal to that of a parent also to other family members of the employee (which are at the same time employees) e.g. grandmother of a child who, in special situations, paid maternity or parental leave. In addition, a working family member, who uses parental leave, will acquire the right to take a vacation leave immediately after using parental leave at his / her request, on the same basis as parents who are employees to date.

4. Work certificates
Extension of the current 7-day deadline for the request to correct an issued labour certificate by the employer up to 14 days and extending up to 14 days the deadline for submitting the application for rectification of the labor certificate to the labor court by the employee (also if the employer did not notify the employee of the refusal to rectify). In addition, the employee has the right to pursue its right from the employer’s obligation to issue a work certificate in the event of not receiving it from the employer or requesting the determination of the right to obtain a work certificate in the case of non-existing employers;
AND
Issuing a work certificate on the day on which the employment contract ceases (instead of, as before, without undue delay) to an employee with whom the employer does not intend to conclude another employment contract within 7 days from the day the previous one ended. Whereas in case where there is an objective lack of possibility of issuing a certificate by that date and deliver it personally, it will be necessary to go through the post office within 7 days from the date of termination of employment. Failure to issue a certificate on time is subject to a fine of PLN 1,000 to PLN 30,000, just like the failure to issue a work certificate until now;

5. Limitation of claims: After the amendment, Art. 292 of the Labor Code specifies (in order to avoid interpretative doubts) that in proceedings the court does not declare limitation of rights employment claims ex officio, it is done only after its evasion is made by the person against whom the claim is made, unless they waive the right of limitation.