Draft law on collective bargaining agreements and collective agreements
At the end of June, a draft law on collective bargaining and collective agreements has been published on the website of the Government Legislation Center. The draft law assumes:
- Expansion of the catalog of matters regulated by collective bargaining agreements;
- Introduction of a specific duration for collective bargaining agreements: (i) 5 years for a company collective bargaining agreement, and (ii) 10 years for a multi-employer collective bargaining agreement;
- Introduction of electronic notification to the National Register of Collective Bargaining Agreements to simplify registration;
- Support for a mediator in the course of negotiating the agreement;
- Introduction of a fine or restriction of liberty for non-compliance with the provisions of the Law, including for failure to comply with information or registration obligations.
As we read on the Council of Ministers’ website, the aim of introducing the regulation is to revitalize the negotiations and increase the use of collective agreements, as well as to balance the expectations of trade unions representing employees and employers and their organizations. Adoption of the draft law by the Council of Ministers is planned for the third quarter of 2024.
We know the implementation date of the Law on the Protection of Whistleblowers
The Law on the Protection of Whistleblowers of 14 June 2024 has been published, which means that it will enter into force (with certain exceptions) on 25 September 2024. Employers therefore have less than 3 months to implement an internal whistleblowing procedure.
We would like to refer you to our report, in which we wrote about the details of the law and the support we can provide (LINK). Time is very limited!
Changes in the employment of Ukrainian citizens
As of 1 July 2024, new regulations for the employment of Ukrainian citizens are in force. According to the latest amendment to the Special Law, the period for the employer to submit a notification to the PUP about the commencement of work by a Ukrainian citizen has been shortened. After the change, the employer has 7 days (previously 14 days) to submit the notification. The new deadline also applies to the submission of re-notification, for example, in the event of a change in the terms and conditions of employment of a foreigner.
In addition, the legal stay of Ukrainian citizens who arrived in Poland after 24 February 2022, as well as those who stayed in Poland before that date based on, among others, visas, residence cards or visa-free regime, has been extended until 30 September 2025.
Determining trade unions headcount
By 10 July 2024, company trade union organisations must submit information to employers on the number of their members as of 30 June 2024. Should the employer doubt the number of trade union members, the employer may raise an objection in writing within 30 days from the date the information is submitted.
If the above obligation is not fulfilled, the trade union will lose its power to represent employees in terms of both collective and individual interests. This means that if the employer does not obtain the information on the number of members by 10 July, it will be able to take actions on its own – actions which normally require cooperation with the trade union.
