Employment Law Newsletter – Q3 2018

Expiry of important periods in November 2018

Fixed-term employment contracts, which were in force on 22 February 2016 and are still running, will be converted (by virtue of the law) into open ended contracts as of 22 November 2018. This is due to the lapse of 33 months since the introduction of a law that limited the duration of fixed-term contracts. The above will not apply to certain fixed-term contracts which are not subject to the above limitations.

Also, as of the end of November 2018, it will no longer be possible to further utilize a particular temporary worker, if that worker has continuously been assigned to the particular client at least since 1 June 2017 (irrespective of whether the employee has been seconded by one or more agencies consecutively). This is due to the fact that Polish law effective as of 1 June 2017 reinforced the limitation on duration of temporary worker assignment.

Minimum wage in 2019

On 11 September 2018, the Cabinet adopted the Regulation on the minimum wage and minimum hourly rates in 2019. As of 1 January 2019, the minimum wage will be PLN 2,250 gross and the minimum hourly rates applicable to contractors and service providers (who are natural persons) will be PLN 14.70 gross.

Amendments to the act on trade unions

On 25 July 2018, the President signed the Act of 5 July 2018 amending the act on trade unions, which grants non-employees, including civil contractors the right to establish and to join trade unions. The act also extends the scope of information which trade unions may demand from employers – in particular, they can request information about business operations and the economic situation of the employer as well as the structure and expected changes in employment. The Act enters into force on 1 January 2019.

Amendments to the Labour Code regarding the age of juvenile workers

As of 1 September 2018, the definition of a juvenile worker has been extended to cover persons between 15 and 18 years of age (previously 16-18). Unfortunately, the specific regulation concerning in particular the list of works forbidden or conditionally allowed to juveniles has not been adjusted. In practice, employing 15-year-olds raises doubts.

This information was prepared to advise the Firm’s Clients of selected important changes in Polish law and does not represent a legal advice on a specific situation of any Client and should not be treated by Clients as such. Should you have any questions concerning the legal matters outlined above as they may apply to your business in Poland, please contact Mr. Roch Pałubicki (roch.palubicki@skslegal.pl) or the partner in charge of your account.

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