The amendment to the Labour Code signed by the President introduces remote working and the possibility to control the sobriety of employees. As a result of the new regulations, it is necessary to extend the catalogue of documents kept in employees’ personal files. The Ministry of Family and Social Policy drafted regulations amending the existing regulations on employee documentation.
The new Labour Code is intended to allow employers to implement preventive sobriety checks for employees and to order remote working. However, the amendments to the legislation entail a requirement to adapt the catalogue of documents in employee files. What changes will employers face?
The amendment to the Labour Code introduces the possibility to check employees’ sobriety preventively or to check employees for the presence in their bodies of agents acting similarly to alcohol in situations when this is necessary to ensure the protection of life and health of employees, other persons or the protection of assets.
Therefore, the following information will be kept in the employees’ personal files, in the added Part E:
The above information will be kept by employers in an employee’s personal files for a period not exceeding one year after collection. The exception to this is the check/test data if the employee has been subject to a warning, reprimand or fine. In such a case, the employer shall keep information on the date, time, minute of the test for the presence of alcohol or agents acting similarly to alcohol and the results of the test until the imposed punishment is declared null and void.
The personal files, in Part B, there will be documents related to remote working, which is entering the Polish labour law on a permanent basis. Part B will also contain documents relating to the rules and manner of carrying out sobriety checks for employees.
Under the proposed Ordinance, Part B of employees’ personal files will be supplemented with documents confirming that employees have been informed of:
Moreover, Part B of the employee’s personal files will also contain documents relating to remote working. These documents will replace the existing telework information. The telework provisions are repealed by the amendment to the Labour Code.
In relation to remote working, Part B will include:
The proposed amendments are to come into force seven days after their announcement. They will ensure proper keeping of records related to remote working and information about sobriety checks for employees or checks for employees for the presence of substances similar to alcohol in their bodies by employers.
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