Any changes to the Labour Code are a challenge for employers. This is especially true for HR departments, whose number of duties is increasing due to the need to analyze legislative changes and adjust salaries to the new law. What are the changes to the Labour Code in 2022? What will be a challenge for HR and payroll specialists?
A new reality on the labour market
Work on amendments to the Labour Code has been carried out since the beginning of the pandemic. It was COVID-19 that contributed to the increase in the number of new regulations in the area of labour law. Why the amendment in 2022? This is due to the need to adapt national legislation to the directives of the European Parliament and the Council of the European Union. These directives concern transparent and predictable working conditions in the European Union and work-life balance for parents and carers. Both of them must be introduced at the beginning of August 2022. Increasing the number of responsibilities for the HR and payroll department can be an overload for employees. Then employee leasing can come to the rescue, which will allow you to distribute additional tasks to a larger number of people.
The most important changes in the regulations
The amendment to the Labour Code includes a number of different changes. What areas will they concern?
- Parental leave – parental leave is expected to be extended, currently it is 32 or 34 weeks. In the case of one child, it will be 41 weeks, and multiple pregnancy is 43 weeks. Parental leave of two months will be granted to the child’s father. However, he will not be able to transfer the leave to the child’s mother, and the unused leave will be forfeited. In addition, the father will also be able to use the entire four-month leave if the child’s mother does not acquire the right to parental leave.
- The amount of maternity allowance – the amount of maternity allowance during parental leave is to be 70% of the allowance assessment basis.
- Carer’s leave – after the changes, people employed under an employment contract will be able to take 5 days of carer’s leave. However, it should be remembered that in order to take the leave, it will be necessary to submit a leave request three days in advance.
- Flexible work organization – will apply to part-time work, flexible work schedules, for example intermittent or individual, as well as teleworking. It will be available to parents of children up to eight years of age and people who, for medical reasons, provide assistance to their family or others living in the same household.
- Additional work for parents of children up to the age of eight – currently overtime, intermittent work system, work outside the permanent place of employment or night shifts can only take place with the consent of the employee. This applies to people caring for children up to the age of four, and after the changes it will be extended for parents of children to eight years of age.
- Conditions of employment – the information on the terms of employment will be extended to include, among other things, training organized by the company and the length of paid leave. This will also include employee leasing to European Union countries, as well as posting employees outside the EU countries.
- Leave from work in the event of force majeure – the employee will be entitled to a leave from work of two days in a calendar year, for example, due to an accident or family matters related to illness. During the period of leave, the employee will retain the right to 50% of the salary. However, it will be counted as during annual leave.
- Employment with another employer – it will be possible to be employed at the same time by another employer. At the same time, a ban on worse treatment will be introduced on this account.
- Probationary period – the changes provide for the need to introduce a proportionality of the probationary period to both the assumed duration of a fixed-term employment contract and the type of work. The employer will also be able to conclude a probationary period contract again with the same person if he or she performs a different type of work.
- Termination of a fixed-term contract – after the changes are introduced, such termination will have to be justified. Lack of proper justification or violation of applicable law will allow the employee to apply for compensation and reinstatement to work under the current conditions.
Challenges for employers
The amendment to the Labour Code will mean that employers will face new challenges. However, they have several options to facilitate the company’s operations after the changes have been introduced. First of all, they can use the help of professionals. Employment Agency Warsaw can provide not only employee leasing or employment of foreigners, but also HR and payroll services. It is the HR and payroll department that will be most burdened with the changes to the Labor Code in 2022. The use of outsourcing in this area minimizes the risk of making mistakes to zero and does not require large financial outlays. In the case of complex legal regulations, it is worth using the help of specialists.