Amendments to the fixed-term contracts regulations

In Nierodzik v. Independent Public Psychiatric Hospital Health Care Centre in Choroszcza (case C-38/13), the Court of Justice of the European Union, on 13 March 2014, ruled that the rigid, two weeks' notice which is required to be given by employer or employee in the case of a contract of employment which is for a specified period is inconsistent with European Union law.

The Polish government is consequently amending the Labour Code, in order to introduce the changes required. The amendments will mean that fixed-term employees will have different notice periods on termination of employment, according to their length of service. Additionally, amendments will require employers to justify the termination of fixed-term employees and provide for a maximum duration of fixed-term employment contracts.

As of today, the draft legislation has not yet been drafted, but, according to the Minister of Labour and Social Policy, should be available by the end of September 2014.

Amendments to the regulations on payment for Saturday work (or work on any other day outside the five-day working week, except Sunday)

Proposed amendments to the Labour Code, which provide for changes in rules about payment for work on a day which was to be a day free from work for an employee in a five-day working week (usually Saturday) have been submitted to the Parliament.

The proposed amendment provides for an entitlement, if the employer is unable to grant the employee another day off in lieu until the end of reference period, or on the employee’s request, to compensation by way of an additional allowance of normal remuneration plus any allowances for each hour of work.

Currently, the employer must first propose another day off. Only if that day cannot be taken, must the employer pay an additional allowance in the amount of 100% of remuneration for each hour of work

These draft amendments were submitted to Parliament on 29 August 2014.