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Global employment briefing: Poland, May 2013

  • Poland
  • Employment law - HR E-Brief

23-05-2013

New rules on expenses, family leave and working time

In this briefing we look at new rules on expenses payable to employees for business trips, which came into force as of 1 March 2013, and proposed new rights to family leave that will benefit parents of children born in 2013. We also provide an update on imminent changes to the Labour Code on working time.


Changes in rules for settlement of business trips expenses

New rules on business trips came into force on 1 March 2013, the previous regulations on domestic and foreign business trips now having been consolidated in a single Act.

Amongst other changes, the daily allowances payable to employees have been increased. An employee is now entitled to a daily allowance of PLN 30 for domestic travel (previously PLN 23), and for foreign travel an amount depending on the country, eg GBP 35 for travel to the UK (previously GBP 32).

Other new rules include a limit on expenses reimbursable to employees for accommodation in Poland. The limit on such accommodation expenses has been set at 20 times the daily allowance ie PLN 600. However, in individual cases employers may approve and reimburse higher costs. The limits on expenses due for accommodation in many other countries have also been raised eg in the UK the cap has gone up from GBP 140 per night to GBP 200.

The above rules apply unless otherwise provided by the employer’s internal rules. However, internal rules cannot set the daily allowance for business trips (whether domestic or abroad) at less than PLN 30.


More time off for parents

New rules regarding time off for parents have been accepted by the government, subject to parliamentary approval.

The government proposes to introduce a new type of leave – parental leave - lasting up to 26 weeks. This will be in addition to maternity leave and additional maternity leave.

One consequence of this is that a woman who has a baby could be absent for up to 52 weeks (in the case of a single birth) or even 71 weeks (where there is a multiple birth).

Both parents will be entitled to simultaneously use the parental leave, but its total length is limited to 26 weeks. Employees will be entitled to a maternity allowance for the period of parental leave. Employers must consent for such extended absence, but as it is paid by the National Insurance Institution, they will bear no cost of it.

It is predicted that the new rules will apply as of September 2013, but include parents of any children born in 2013.

The government also proposes changes to childcare leave. Such leave will be limited to a maximum 36 months. At least one month must be shared between the parents, otherwise it will be lost. Parents will be able to use this leave in five parts (currently four) and simultaneously for four months (currently three).


Working time

The amendments to the Labour Code on working time, highlighted by us in previous briefings, have now had their first reading (of three) in the parliament. The new regulations can be expected to come into force in autumn.


For further information on these topics please contact:

Ewa Lachowska-Brol
Partner
Tel +48 22 50 50 79 7
ewa.lachowska-brol@eversheds.pl

Michal Hady
Lawyer
Tel +48 22 50 50 798
michal.hady@eversheds.pl

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