The Ministry of Labour and Social Policy has drafted three regulations which are intended, among other things, to adapt employee personnel files and employment certificates to the changes resulting from the latest amendment of the Labour Code. What will change once the new regulations come into force?
Due to the two amendments to the labour law, the Act of 9 March 2023 amending the Labour Code and the Act of 1 December 2022 amending the Labour Code, it became necessary to adapt the provisions concerning:
The Ministry of Labour and Social Policy has prepared three relevant draft regulations, published on 28 March 2023 on the website of the Government Legislation Centre (RCL). What does each of them concern?
New entitlements in employee documentation
According to the draft regulation of the Ministry of Labour and Social Policy amending the existing regulation on employee documentation, the exercise of new employee rights is to find its reflection in the employee documentation kept for an employee by his/her employer.
The employee’s personnel files will be completed with:
Read also: Changes to employee personal files from 21 March
New employment certificate template
Another draft regulation of the Ministry of Labour and Social Policy of 28 March defines the new content of the certificate of employment, the manner and mode of its issuance, correction and supplementation, and an annex to the regulation defines an auxiliary template of the employment certificate.
Under the new provisions, employers will also include in the employment certificates information regarding:
Changes to the requests for employee entitlements
The third draft regulation of the Ministry of Labour and Social Policy of 28 March addresses the issues concerning requests for employees’ parental entitlements and the documents attached to such requests.
The draft regulation mostly duplicates the current legislation, and the most important planned changes are as follows:
All of the above discussed draft regulations shall come into force 7 days after the date of their announcement. The shortening of the vacatio legis period is intended to quickly adjust the wording of the regulations to the amendments to the Labour Code and to enable employers to properly keep employees’ personal files and issue employment certificates supplemented with the new data.
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