Poland: HR/Employment law updates

In brief

Here are some employment law updates from Poland including: health and safety regulations with regard to workstations for remote/hybrid workers, abolition of court fees for employee lawsuits, strengthened protection for employees during terminations, end of validity of occupational health examinations, extension of temporary protection for Ukrainian citizens, and changes to the minimum wage. 

 


Adjustment of workstations

On 17 November 2023, an amendment to the "Regulation on occupational health and safety at workstations equipped with screen monitors" entered into force. The most important changes include the following:

  • An obligation to equip workstations (including remote workstations) with a stationary screen monitor or a stand, and an additional keyboard and mouse if an employee uses a portable computer for at least half of the daily working hours.
  • An obligation to provide an office chair with adjustable armrests and adjustable height for the lumbar spine backrest.
  • A need to update the occupational risk assessment for workstations with screen monitors and to familiarize employees with it.
  • The introduction of contact lenses as an alternative to the obligation to provide corrective glasses as recommended by an occupational medicine doctor.

These changes also apply to hybrid and remote workers.

Employers have until 17 May 2024 to adapt workstations created before 17 November 2023. Workstations created after 17 November 2023 must already comply with the above-mentioned health and safety requirements.

The recommended actions are as follows: 

  • Identify and adjust workstations.
  • Update occupational risk assessment for workstations with screen monitors.
  • Verify and update documents regarding remote work, including employees' statements on ensuring remote workstation occupational health and safety.

Abolition of court fees for employee lawsuits

On 28 September 2023, an amendment to the "Act on court costs in civil cases" entered into force. It generally exempted employees from court fees in employment cases regardless of the value of the subject matter of the dispute. This means that in most cases, employees can sue their employers without incurring any fees. The fee will be charged only if the employee files an appeal in the second instance and the value of the claim exceeds PLN 50,000.

The recommended action is as follows: 

  • Verify the method and strategy for handling employee claims.

Strengthened protection of terminated employees

On 22 September 2023, an amendment to the Code of Civil Procedure entered into force. It introduced two significant changes in employment matters.

Employees with special protected status: an employee subject to special protection who has been dismissed from work and is seeking to have the termination of the employment relationship declared ineffective or to be reinstated may submit a binding request asking the court to order the employer to continue employing the employee throughout the entire court proceedings (until the final proceedings are concluded). Employees that have special protected status include trade union activists, employees taking parenting-related leave and employees who have reached pre-retirement age.

Other employees: An employee without special protected status who has been dismissed from work and is seeking to have the termination of the employment relationship declared ineffective or to be reinstated may submit a binding request asking the court, if the employee wins at first instance, to order the employer to continue employing the employee while court proceedings are pending (until their definitive conclusion).

The recommended action is as follows: 

  • Verify the method and strategy for handling employment termination.

End of validity of occupational health examinations

Due to the cancellation of the state of epidemiological threat in Poland on 1 July 2023, the initial, periodic and check-up health examinations, which expired during the state of epidemiological emergency or the state of epidemiological threat, ceased to be valid on 28 December 2023.

The recommended action is as follows: 

  • Verify the validity of occupational health examinations of all employees.

Extension of temporary protection for Ukrainian citizens

In accordance with the Council's Executive Decision of 19 October 2023, temporary protection in EU territory for Ukrainian citizens has been extended until 4 March 2025. The government is currently working on an amendment to the law on assistance to Ukrainian citizens in relation to the armed conflict in the territory of Ukraine.

According to the announcement of the Office for Foreigners, persons who have received a certificate of temporary protection with an expiry date of 4 March 2023, 4 September 2023 or 4 March 2024 do not need to apply for new documents. These certificates will remain valid until 4 March 2025.

The recommended action is as follows: 

  • Monitor further changes in the law.

Changes to the minimum wage

On 1 January 2024, there was a change in the amount of the following:

  • Minimum monthly wage, which is PLN 4,242 gross
  • Minimum hourly rate for civil law (service) contracts, which is PLN 27,70 gross

On 1 July 2024, there will be a further change in the amount of the following: 

  • Minimum monthly wage, which will be PLN 4,300 gross
  • Minimum hourly rate for civil law (service) contracts, which will be PLN 28,10 gross.

The recommended action is as follows: 

  • Verify employee remuneration levels. 
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