What is flexible work organization?
On March 23, 2023, the President of the Republic of Poland signed the Act of March 9, 2023 amending the Labor Code and certain other acts (hereinafter: the Act). The Act introduces very important changes to the Act of June 26, 1974 – Labor Code (Journal of Laws of 2022, item 1510, as amended, hereinafter: KP).
The Act enters into force 21 days after its publication. Therefore, if the announcement is made in the near future, the act will enter into force in April 2023.
Art. 1881, which grants employees who are parents a special entitlement. It is about the possibility of reconciling family life with work duties. An employee raising a child up to the age of 8 may submit an application in paper or electronic form for flexible work arrangements.
Flexible work organization is considered to be:
- remote work
- intermittent working time system. According to a predetermined schedule providing for no more than one break at work per day, lasting no longer than 5 hours. The break is not included in the working time, however, for the time of this break, the employee is entitled to remuneration in the amount of half of the remuneration due for the downtime.
- shortened working week system. Under this system, it is permissible for an employee to perform work for less than 5 days per week, while extending the daily working time to no more than 12 hours, in a settlement period not exceeding 1 month.
- weekend work schedule.
- individual work schedule of the employee.
- flexible working time, different hours of starting work (a certain time range) on days which, according to this schedule, are working days for employees.
- reduction of working time.
The application is submitted no later than 21 days before the planned start of using the flexible work organization.
The application shall indicate: name and surname and date of birth of the child; the reason for the need to use flexible working arrangements; start and end dates for using flexible working arrangements;
the type of flexible working arrangements that the employee plans to use.
The employer will consider the application for flexible work organization taking into account: the needs of the employee, the deadline, the reason for the need to use flexible work organization, the needs and possibilities of the employer, the need to ensure the normal course of work, work organization or type of work performed by the employee.
After examining the application for flexible work organization, the employer will inform the employee about its acceptance or the reason for refusing to accept the application or about a different possible date for applying flexible work organization than the one indicated in the application. The employer shall provide the information within 7 days from the date of receipt of the application.
An employee using flexible work organization will be able to submit an application in paper or electronic form at any time to return to the previous work organization before the expiry of the start and end date of the flexible work organization indicated in the application, when it is justified by a change of circumstances that is the basis for the employee to use flexible work organization work organization.
In this case, the employer, after examining the application, taking into account such circumstances, will inform the employee about the acceptance or the reason for refusal to accept the application or about the possible date of return to work, in paper or electronic form, within 7 days from the date of receipt of the application.
Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.
