[Poland] Wider scope of an employer’s information obligation after 26 April 2023

On 26 April 2023, an amendment to the Labour Code, one of the biggest for years, came into force. A key change is to expand the information that an employer must provide to an employee before allowing him/her to work. It is to allow employees to become familiar with the terms and conditions of their employment before they start work.

When is an employer required to comply with an information obligation?

An employer must communicate to an employee the information regarding the terms and conditions of employment no later than 7 days following the date of the employees’ admission to work. Communications can take place on paper or electronically.

What is an employer obliged to communicate to an employee?

Before allowing an employee to work, an employer must inform the employee of at least:

• daily and weekly working hours,
• the employee’s daily and weekly limit of working time,
• breaks to which an employee is entitled,
• the employee’s daily and weekly rest periods,
• the rules on overtime and compensation for working overtime,
• the employee’s rest breaks,
• the employee’s daily and weekly rest periods,
• the rules on changing from shift to shift when working in shifts,
• rules concerning travelling between workplaces – if there are several workplaces,
• remuneration components and benefits in cash or in kind other than those agreed upon in the employment contract,
• the length of the paid leave to which an employee is entitled, in particular annual leave, or, if it is not possible to determine it at the time when this information is communicated to the employee, the rules for determining and granting it,
• the applicable rules on termination of the employment relationship, including the formal requirements, the length of notice periods and the time limit for appealing to a labour court, or, if it is not possible to determine the length of notice periods at the date of providing the employee with this information, the method of determining such notice periods,
• the employee’s right to training, if the employer provides it, in particular the general principles of the employer’s training policy,
• the collective agreement or other collective agreement under which the employee is covered, or, if the collective agreement is concluded outside the workplace by joint bodies or institutions, the name of such bodies or institutions,
• if the employer has not laid down working regulations, then communicate the date, place, time and frequency of payment of remuneration for work, night-time and the method adopted by the employer for employees to confirm their arrival and presence at work and excuse their absence from work.

What is the fine for employers who fail to comply with their information obligations within the deadline?

Failure to comply with the information obligation is an offence against employees’ rights. Failure to inform an employee in a timely manner of the terms and conditions of his/her employment is punishable by a fine from PLN 1 000 to PLN 30 000.

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