Changes of the Labour code as of 1 January 2023

It has been discussed quite often recently how the Labour code would change as of 1 January 2023. Finally the new rules were adopted on 14 December 2022.

The amending act set forth the changes over 20 pages, so hereby we only highlight some of the most relevant changes with regard the everyday practice of an employment relationship.

Actions on the ground of breach of the prohibition of abuse of rights

The claimant (usually the employee) shall provide evidence of the fact, circumstance suggesting violation of this prohibition, and for the resulting damage and the employer shall prove that the causal relationship between the fact, circumstance evidenced by the claimant is lacking – this is a newly implemented provision.

These provisions may have special relevance in case of termination by the employer. This is especially true as the cases set forth by the Labor Code that may trigger the reestablishment of the employment by the court at the employee’s request are now supplemented with the unlawful termination infringing the prohibition of abuse of rights (that is to say if the employer terminates the employment by violating the prohibition of abuse of rights, the risk is now not limited to 12 months absentee fee as a compensation, but the reestablishment of the employment and even the unpaid salaries for the whole term of the court proceedings – that may take years) therefore more cautious approach is advisable in case of termination of employment.

Information letter on employment

The deadline and also the content have been changed. The notification letter shall be handed over to the employee within 7 days form the first day of employment.

The new mandatory content includes:

• days of the week when work may be scheduled, the possible time of the beginning and ending of scheduled daily working time;
• the employer’s training policy, the duration of time available for employees for attending training courses;
• the name of the authority to whom the employer pays taxes and contributions in connection with the employment.

The employee is not required to be provided with information on working conditions that have been expressly agreed upon between the parties. The employer shall inform the employees of any changes in the conditions in writing at the latest on the effective date of the change in question.

The scope of information to be provided in connection with a posting abroad that may exceed 15 days is also extended.

Definite term employment

It is a maintained provision that a fixed-term employment relationship may be extended upon the employer’s legitimate interests. Now it is set forth, however, that if the fixed-term employment relationship is extended or another fixed-term employment relationship is established within six months from the time of termination of the previous one and employment is provided in the same or similar position, no probation period may be stipulated.

Moreover, if the duration of employment relationship does not exceed twelve months, the length of the probation period shall be proportionate (i.e. in case of a 6 months definite term employment the probation period may not exceed 1.5 months).

Paternity leave

Upon the birth of his child, a father shall be entitled to 10 working days’ leave (so far it had been 5 days) at the latest by the end of the second month following the birth of the child, which shall be granted on the days requested by the father in not more than two instalments.

However, 100% absentee fee shall be due only for the first 5 days, whilst for the second 5 days the employee may get only 40% absentee fee.

The employment shall not be terminated by the employer during the paternity leave, and the paternity leave shall qualify as time at work for the purpose of calculation of the annual leave.

Parental leave

The employee shall be entitled to 44 working days’ of parental leave until his or her child reaches three years of age, however, the employee may get only 10% of the absentee fee for such period (which still to be reduced with the child care fee or the child care allowance).

The employment shall not be terminated by the employer during the parental leave, and the parental leave shall qualify as time at work for the purpose of calculation of the annual leave.

Amendment of the employment by the employee

Except for the first six months of employment, the employee may request up to the eighth birthday of his or her child to be transferred to a new place of work; and/or changes to his or her working arrangements; and/or to work in teleworking arrangement; and/or to work part time.

The employee shall provide reasons for the request in writing and shall indicate the date requested for the change. Employers shall respond to the request within 15 days, and if the request is refused, the employer shall provide reasons for that. If the request is refused unlawfully or if no response is provided, the court shall substitute the employer’s statement of consent.

Deadlines

The legal statement shall be considered valid if dispatched by post at the latest on the last day of the time period.

Work time frame

In cases where working time is defined within the framework of working time banking, according to the newly implemented rules not only the beginning and ending date thereof shall be specified by the employer in writing, but also the duration of working time.

Exemption from work duty – personal care

Employees shall be exempted from the requirement of availability and from work duty for up to 5 working days a year for the purpose of providing personal care or support to a relative, who is in need of significant care or support for a serious medical reason. For this period, however, no salary shall be due.

The exemption shall be granted at the time requested by the employee, in not more than two instalments.

The new legal provisions set new tasks to the employers, which also provide a unique possibility for a labour law audit that may reveal potential defaults or defects of the applied practices.