04.05.2022

CHANGES PROVIDE FOR THE POSSIBILITY OF REDUCED WORKING HOURS

During the Covid labor crisis, for the first time, there was talk of "homeoffice" unilaterally by the employer.

It turned out that this mechanism was hitherto unknown to the labor legislation in the country, binding as a principle the employment at home or distance work with the consent of the parties to the employment relationship. The legislator was forced to "validate" some of the rules introduced by administrative order, quickly dressing them in legal form.

For the first time, the Labor Code keeps pace with two issues that the pandemic has made particularly pressing. In order to better reconcile work and family responsibilities, a person will have the opportunity, if necessary, to request for some time remote work, change of working hours or its distribution, as well as other changes in the employment relationship.

This applies to parents of children under the age of 8, and for the first time to people who care for a parent, spouse or other relatives in the direct line for medical or other serious reasons.

The texts are included in a draft of amendments to the Labor Code, proposed for public discussion on the public consultation portal here. The reason for them is the European directive 2019/1158 / EU concerning the balance between professional and personal life of parents and carers.

A second important Directive (EU) 2019/1152, aims to improve working conditions by promoting more transparent and predictable employment, while ensuring labor market flexibility. The requirements of the Directive must be transposed into our national legislation by August 2022.

Compatibility between personal and work sphere

"It is good to know that when we talk about reconciling personal and professional life, we mean more flexible schemes of work - opportunities for employees to use reduced working hours or reduced working week or working day. Instead of the usual 8-hour working day, there should be 6, 5 or 4 hours, but this cannot be done without the consent of both parties to the employment relationship," said CITUB.

One positive trend is the predictability of employment relationships. The European legislator is working to reduce the number of fixed-term employment contracts and encourage the employer to conclude permanent ones, with a view to the security of employees.

So far, the Minister of Labor and Social Policy has invited trade unions and employers' organizations to sit down at the negotiating table to agree on what to change in the regulation of telework.