16.09.2022

THE RIGHT OF WORKERS TO COMBINE WORK AND FAMILY RESPONSIBILITIES

One of the goals of the amendments and additions to the Labor Code after August 1, 2022, is to increase the possibilities for adapting the work regime to the individual needs of the worker or employee arising from his family obligations.

The changes guarantee the right of the worker or employee to receive a motivated written response from the employer when he requests in writing to change the employment relationship in order to reconcile personal and professional life, but the employer does not accept the corresponding proposal. What are the changes in this area?

Normatively defined are the cases in which the worker or employee has the right to propose to the employer an amendment for a certain period of the employment relationship related to the duration and distribution of his working time, with a switch to remote work, as well as other amendments to facilitate reconciliation of work and family obligations.

This right can be used by workers or employees who are parents (adoptive) of a child up to the age of 8, as well as those who take care of a parent, child, spouse, brother, sister and parent of the other spouse or other relatives in a straight line due to serious medical reasons.

The changes in the Labor Code grant the worker or employee the right to reconcile work and family obligations. The changes indicate that a worker or an employee who is a parent (adoptive) of a child up to 8 years of age has the right to propose in writing to the employer a change for a certain time in the duration and distribution of his working time, to switch to remote work and others changes to the employment relationship to facilitate the reconciliation of work and family obligations.

A worker or an employee who takes care of a parent, child, spouse, brother, sister and parent of the other spouse or other direct relatives due to serious medical reasons also has the right to propose the changes to the employer.

Amendment of the employment relationship is carried out by mutual agreement of the parties, expressed in writing, when such a possibility exists in the enterprise. The worker or employee may, before the expiration of the specified time, request that his employment relationship continue according to the conditions immediately before the amendment. However, when the employer refuses to amend the employment relationship, he is obliged to provide the worker or employee with a reasoned written answer within 14 days.

When entering work for the first time in the enterprise, the worker or employee can use the rights listed above, when he acquires at least 4 months of work experience. The employees and the employer can reach an agreement to change the employment relationship during the use of leave due to pregnancy and maternity, for raising a child up to the age of 2 and 8 or for raising a child placed with relatives and friends or in foster care family, as well as other cases defined by law.

Reference:

Art. 167b of the Labor Code