📋 Tender Overview
The parental leave will be longer and the right to it will no longer depend on the use of the maternity leave by the childs mother. In addition changes in paternity leaves and a new carers leave. The Ministry of Family and Social Policy has prepared an amendment to the provisions of the Labor Code and some other acts in order to implement the so-called parental directive. The draft regulations have just been sent for public consultation.The amendment to the Labor Code is necessary to implement two EU directives. It is about the directive on transparent and predictable working conditions in the European Union and the so-called parental directive.We must implement both directives by August this year. - until August 1 and 2 respectively. The draft changes to the Labor Code were sent for public consultations on Tuesday.Directive on transparent and predictable working conditions in the European UnionThe directive on transparent and predictable working conditions in the European Union aims to ensure transparency regarding the working conditions of all workers. Its aim is to promote safer and more predictable employment while ensuring the adaptability of the labor market and improving working conditions.After the changes the employer will have to provide - as a rule within 7 days of the employees admission to work - more information about the terms of employment. It goes among others for training procedures for termination of employment or information on the amount of paid leave to which an employee is entitled.The changes will also apply to contracts for a trial period and an employee who has been working for at least six months including under a trial period contract will have the right to apply for a form of employment with more predictable or safer working conditions. The employer will have one month for a written reply with justification.Parental directiveOn the other hand the aim of the Parental Directive is to encourage an equal sharing of caring responsibilities between men and women. Parents will be able to count on facilitating the reconciliation of work and family life. The directive provides inter alia changes in parental leave paternity leave introduction of the so-called unpaid care leave and greater flexibility in the organization of work - says the Minister of Family and Social Policy Marlena Malg.The most important changesFollowing the changes the right to parental leave would be an individual right for each parent. It will no longer be contingent on the use of maternity leave by the childs mother.Parental leave will also be longer. Today it is 32 weeks for one child and 34 weeks for multiple pregnancies. After the changes it will be 41 and 43 weeks respectively. Each of the parents will also have a guarantee of 9 weeks of leave which cannot be transferred to the other parent.Another change is to increase the amount of maternity allowance for the entire period of parental leave and set it at 70. the allowance calculation basis. Currently the maternity allowance is paid in the amount of 100. the benefit basis for the first 6 weeks of parental leave and 60 the basis of the allowance calculation for the remainder of this leave - this means that currently the maternity allowance for the period of parental leave amounts to an average of 67.5 percent. the allowance calculation basis.Carers leave will also enter the legal order. This is five days in a calendar year of unpaid leave granted at the request of an employee who must provide personal care for the child but also for another family member - elderly parents or a spouse - who requires significant care or support for serious medical reasons.The Code will also include dismissal from work due to force majeure due to urgent family matters caused by illness or accident if the employees immediate presence is necessary. An employee could benefit from such a leave for two days or 16 hours in a calendar year and for each day he would be entitled to half the rate of remuneration.The changes also provide for a more flexible work organization e.g. for parents of children up to 8 years old. The employer will have to inform the employee in writing about the reasons for the refusal e.g. to grant remote work or consent to individual working time. There is no such obligation today.After the change in regulations employers will not be able to outsource - without the consent of the employee - night work delegation or overtime work to employees caring for a child under 8 years of age. Today this limit is 4 years of a childs life.All these changes are intended to encourage parents to share more equal caring responsibilities.
