A few years ago, regulations were in force providing for work forbidden to employees. However, legislative adjustments proved to be necessary within the framework of national legislation, as the said regulation was contrary to the principle of equal opportunities and equal treatment of men and women in employment under EU law.

Issues related to the issue of work, which may not be entrusted to employees due to the protection of their health, are regulated in the provisions of the Act of 26 June 1974 – Labor Code (hereinafter referred to as kp).

Pregnant women and women who are breastfeeding may not perform work that is burdensome, dangerous or harmful to health, which may have an adverse impact on their health, the course of pregnancy or breastfeeding the child (Article 176 § 1 of the Code of Civil Procedure).

As can be seen, the provisions on prohibited work do not apply to all workers, but cover pregnant women and women who are breastfeeding.

Such a shape of national regulations results from the need to meet certain requirements of EU law (Directive 2006/54/EC of the European Parliament and of the Council). In accordance with the provisions of that directive, the establishment under national law of a list of works prohibited for all women constitutes a barrier to ensuring gender equality, in particular as regards access to employment. That is why Article 176 § 1 of the Code of Civil Procedure has been amended in such a way as to ensure the implementation of the conditions of European Union (EU) law. Another action necessary in this respect was the issuance of a new implementing act that takes into account the instructions resulting from EU law.

The work forbidden to employees in connection with the protection of their health was established in the provisions of the implementing act issued on the basis of the Kp.

The above-mentioned list of works is set out in the Annex to the Regulation of the Council of Ministers (RM) of 3 April 2017 on the list of works that are burdensome, dangerous or harmful to the health of pregnant women and women breastfeeding, hereinafter referred to as „Rozp. on the list of works’.

The list lists the following types of work:

• work related to excessive physical exertion, including manual transport of loads;
• work in cold, hot and variable microclimates;
• work in exposure to noise or vibration;
• works exposing to electromagnetic fields with a frequency from 0 Hz to 300 GHz and ionizing radiation;
• work at increased or lowered pressure;
• work in contact with harmful biological agents;
• work in exposure to harmful chemicals;
• work that threatens severe physical or psychological trauma.

In the on the list of works, the types of work in the indicated hazard categories are specified in detail, together with the limit standards, the degrees of hazard and the intensity or concentration of the harmful agent.

Establishment of a list of works forbidden to employees at company level

An employer employing female employees (possibly intending to employ them) is obliged to specify in the acts of the company labour law a list of work that is burdensome, dangerous or harmful to the health of pregnant women and women breastfeeding, guided by the content contained in the annex to the Regulation. on the list of works. This applies if the said work is or is to be carried out in a given enterprise. Appropriate provisions should be made in a document that is in force in a specific company – it can therefore be a collective agreement, work regulations or a separate order.

When formulating a company list, it is worth paying attention to the following aspects:

• the provisions should be precise and refer to the work actually carried out on the premises of the employing entity. Copying the list directly from the on the list of works without the required discussion, references, specific guidelines – it is not the right action;
• Whereas the list should clearly indicate at which workstations there are onerous, dangerous or harmful factors for the health of pregnant women and women who are breastfeeding;
• in the case of changes in work processes resulting in the introduction of new types of work forbidden to employees – the list should be updated.

Failure to comply with the prohibition on employing employees in forbidden work (pursuant to Article 176 § 1 of the Code of Civil Procedure, pregnant women and women breastfeeding may not perform onerous, dangerous or harmful to health work, which may have an adverse impact on their health, the course of pregnancy or breastfeeding the child) constitutes an infringement of the employee’s rights within the meaning of Article 281 point 5 of the Code of Civil Procedure.

Whoever, being an employer or acting on his behalf, violates the provisions on working time or the provisions on the rights of employees related to parenthood and employment of young people – is subject to a fine of PLN 1,000 to 30,000 (Article 281 point 5 of the Code of Civil Procedure).

Objections may also be raised by social labour inspectors, members of health and safety commissions and services, as well as representatives of trade union organisations.

The legal remedies set out in the Act of 13 April 2007 on the National Labour Inspectorate are also available to labour inspectors.

Source: https://poradnikprzedsiebiorcy.pl/-prace-wzbronione-pracownicom

Source: www.pip.gov.pl

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.