Pursuant to Article 91 § 1 of the Labour Code, in certain cases the application of labour law provisions may be suspended. In what? The legislator mentions the condition: if it is justified by the financial situation of the employer, an agreement may be concluded to suspend the application in whole or in part of the provisions of labor law, specifying the rights and obligations of the parties to the employment relationship.

Importantly, the suspension of the application of labor law does not apply to the provisions of the Labor Code and the provisions of other acts and executive acts. Therefore, the application of those normative acts cannot be suspended by such an agreement.

An agreement suspending the application of labour law provisions is concluded by the employer and the trade union organisation representing the workers. If the employer is not covered by the activities of such an organization, the agreement is concluded by the employer and the employee representation selected in accordance with the procedure adopted by that employer.

According to the Labor Code, such suspension may not last longer than for a period of 3 years. That is, the maximum period of suspension is 3 years and cannot be extended beyond this period. Importantly, the suspension period can only be extended to 3 years if an agreement has been concluded for a period of less than 3 years.

The employer should forward the concluded agreements to the competent (territorially) district labour inspector. This activity is only of an informational and order nature.

Legal basis: Ustawa z dnia 26 czerwca 1974 r. – Kodeks pracy.Source: https://kadry.infor.pl/kodeks-pracy/5473756,Czasowe-zawieszenie-stosowania-przepisow-prawa-pracy-czy-jest-mozliwe.html

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