Employers have until August 15 to implement child protection rules
Until August 15th every employer who carries out activities in the area of hotel management, education, recreation, medicine, psychological counseling or child care must implement standards for the protection of minors, containing, among others: rules for identifying minors and their relationship with their guardian, unacceptable behaviour of staff towards minors, as well as procedures for rapid response or intervention. These instructions must be adapted to the type of facility and additionally written in a way that minors can understand them. In addition, employers in these industries must always check that the new employee has not been convicted of sexual offences. The new employment rules apply to persons who started work on 15 February 2024. Checks are only necessary for persons already employed if they change the basis of employment or the type of activity carried out.
Employment period – what will change?
We already know the project amendment to the Labor Codeconsisting of the addition of a new article to the Labor Code. 302[1]. The planned regulation assumes that until period of employment – in addition to the provision of work based on an employment and service relationship – periods of employment for other reasons will also be included, provided that they constitute an entitlement to social security. This will include not only civil law contracts (e.g. mandate contracts, B2B or other service contracts), agency contracts, management of a company, but even the performance of paid work while serving a prison sentence or temporary detention. In addition, the period of service will also include some periods of employment that do not result in social security entitlement. Service time This translates in particular into the duration of the leave. Employers must therefore take the additional costs into account, even if the regulations themselves do not directly introduce additional financial costs. If the law is adopted, it will come into force on 1 January 2026.
The PIP will immediately transform a civil law contract (mandate contract, specific employment contract, B2B) into an employment contract
The new head of the National Labour Inspectorate, together with the Ministry of Labour and Social Policy, has also prepared another bill that aims to fight against hiring incivil law contracts. According to him PIP by administrative decision it will be possible to transform an existing civil law contract (e.g. B2B, mandate contract and specific employment contract) into an employment contract. Until now, the PIP did not have such tools. Currently, the PIP can only initiate proceedings for the establishment of an employment relationship in court. Today, in cases concerning the establishment of an employment relationship, the will of the parties is decisive, which is why the effectiveness of a request by a labour inspector to establish an employment relationship against the will of the person concerned was relatively limited. As a result of the planned changes, the labour inspector will be able to decide on this issue independently, without taking into account the will of the parties, which creates a risk for employers who practice other forms of employment under civil law, for example B2B cooperation.
The use of artificial intelligence in the workplace is finally regulated
On July 12, 2024, the so-called AI Act, the world’s first comprehensive regulation on artificial intelligence. The regulation came into force on August 1, 2024. According to it, the area of labor and employment will be of particular interest to the regulation and, in addition, it has been classified as a high-risk area. This category included, among others: tools used for employee recruitment, including posting job advertisements; screening and evaluation of candidates; making decisions on promotion, termination or modification of the terms of employment; assignment of tasks, monitoring and evaluation of employee performance and behavior; and management of employees and access to self-employment. Qualifying them in this category imposes additional obligations on the entities that use them. These include, among others, informing employee representatives and affected employees that an AI system will be used in relation to them, before the commissioning or use of the high-risk AI system. In addition, it will be necessary to exercise constant supervision by persons who have the necessary knowledge, skills, training and authorizations, as well as the necessary support. Penalties for non-implementation or actions inconsistent with the new regulations will be extremely high and could amount to €35 million or 7% of the company’s annual turnover – whichever is higher. It should be remembered that AI systems are not only high-risk systems, but also general-purpose systems – for example, commonly used translators or chatbots.
Minimum wage increased
On July 1, 2024, it increased minimum wage for work. Currently, the monthly minimum wage is PLN 4,300. This is the second increase in the minimum wage this year and means an increase in the monthly minimum wage by PLN 58 gross compared to the current value. The minimum hourly rate has also increased, starting July 1st it is set at PLN 28.10 gross (previously it was PLN 27.70 gross). The increase in the minimum wage also affects other employee benefits. For example, the maximum amount of severance pay during mass layoffs will be PLN 64,500 gross starting July, which is PLN 870 gross more than before. It also affects the amount of bonuses for night work. In addition, compensation for downtime in the company cannot be less than one minimum wage.
Changes also for people with disabilities
On August 2, a law was published in the Official Gazette extending until September 30, 2024, or until the date on which a new certificate of disability or degree of disability becomes definitive (whichever occurs first), the validity of certificates of disability and decision on the degree of this disability. However, the condition is that the person with a disability submits an application for a new decision, and the decision has been issued for a specific period and has already been extended by the Act of 9 March 2023 amending the Act on Competition and Consumer Protection and certain other acts, or that its validity period expired after 5 August 2023 and at the same time before 30 September 2024. Such persons will retain the status of person with a disability until 31 March 2025. The purpose of this Act is to allow the maintenance of the status of person with a disability while awaiting the issuance of a new decision and thus protect such persons from the loss of the benefits they receive and the rights conferred on them by the previous judgment. The validity of parking cards for persons with disabilities has also been extended ex officio until 31 March 2025. The change is therefore very beneficial for eligible persons. The Act came into force on 3 August.
Employer, check whether unions have provided you with information about their membership
Wednesday, July 10, 2024 was the deadline for provide employers with information about your union membership. They should have done so from 30 June 2024. If a trade union organisation fails to comply with this obligation or does so incorrectly, it loses its status as a company trade union organisation and the rights associated with it. Trade union organisations face such consequences even for the slightest oversight in the preparation and transmission of this information. Employers should therefore urgently check whether their trade unions have complied with this obligation on time and whether they have done so completely correctly.
Implementation of internal reporting procedures
Internal reporting procedures are urgently being implemented in workplaces. On 24 June, the Whistleblower Protection Act was published in the Journal of Laws. The main obligation arising from the regulation is to establish the above-mentioned procedure for drawing up internal reports. It should specify, among others: units responsible for receiving reports and taking follow-up action, as well as the procedure for handling information about violations reported anonymously – of course, if the employer consents. It is also necessary to create structures for the operation and functioning of the violation reporting system. Employers will also have to ensure confidentiality and the protection of the identity of whistleblowers throughout the reporting process. They will also have to create and maintain a register of notifications. In addition, they must not forget the obligations arising from GDPR. Therefore, it is necessary to select and subsequently train employees responsible for receiving and processing notifications. Employers only have time to do all this until September 24.
ZUS: subsidy for the purchase of public transport tickets is subject to contributions
Subject of analysis ZUS was or value subsidize public transport tickets is subject to employer contributions. In this case, employees received a refund of 60% of the ticket price, which constitutes a subsidy on the price of the monthly tickets purchased, paid after the employee had requested the refund and enclosed the invoice for the monthly or quarterly ticket purchased and a scan of the ticket. Ultimately, the ZUS decided that this income constitutes the basis for calculating employees’ social security contributions and imposes on the employer the obligation to pay the aforementioned contributions on behalf of the employer. insurance.
MRPiPS advises on how to deal with heat in the workplace
The Ministry of Labour and Social Policy has published a special guide related to the current high temperatures, “Good climate at work”. It reminds that regardless of the temperature, the employer is obliged to “organise work in such a way as to ensure safe and hygienic working conditions”. The Labour Code does not specify exactly how this obligation should be fulfilled. However, the Ministry of Labour and Social Policy gives examples of its implementation, defining them as “the provision of drinking water or other beverages, air-conditioned rest areas, additional breaks from work or protection from sunlight, as well as exempting workers from the obligation to work. It also reminds workers of their rights, including the possibility of refraining from work if the work poses a threat to their health or life. In addition, as highlighted by the Ministry of Labour and Social Policy, extensive legislative work is also planned to regulate work at high temperatures and to indicate specific actions, such as leave from work or reduced working hours in specific situations. Employers should therefore be prepared for the fact that it will soon be necessary to use special measures to protect workers from the heat.
