Amendments concerning inter alia the Labour Code, Act on Works Staff Welfare Fund and the Civil Code
By virtue of the Act on the Change of Certain Acts in order to improve legal surroundings of entrepreneurs (Official Journal 2016 Position 2255) amendments concerning inter alia Labour Code, Act on Works Staff Welfare Fund and Civil Code entered into force on 1st January 2017.
As a result of the amendment of article 97 of the Labour Code the employer will be obliged to issue work certificate to employee in relation to dissolution or expiration of employment relationship only when he is not going to establish new employment relationship with the same employee within 7 days from the expiration of the prior employment relationship. In case when such relationship is established within 7 days from the dissolution or expiration of the prior employment relationship, employer shall be obliged to issue work certificate only upon the motion of the employee. Employee shall be entitled to file such motion at any time in writing or in electronic form and the employer shall be obliged to issue work certificate within 7 days from filing a motion.
Furthermore, a provision on a written form of the agreement on financial co-liability being basis for joint assignment of the items has been added to by a stipulation of a written form under the pain of nullity (article 125 of the Labour Code).
Terms of pursuing employees’ claims have been unified. Amendment includes article 264 of the Labour Code. Foregoing 7 day term for filing an appeal against a notice of termination of an employment contract and 14 day term for filing a claim of reinstatement in a job position or compensation for termination of employment contract without notice in violation of termination of employment contracts according to this procedure and filing a claim for establishment an employment contract have been replaced by equal 21 day term for all claims.
Provisions of work regulations and remuneration regulations have also been amended (respectively article 772 and article 104 of the Labour Code). As of 1st January 2017 the employer shall be obliged to establish conditions of remuneration in remuneration regulation and introduce work regulation in case when it engages at least 50 employees (prior to the amendment the introduction of remuneration regulation and work regulation was obligatory in case of the engagement of at least 20 employees). If the number of engaged employees will amount less than 50 employees, the introduction of work regulation or remuneration regulation will be facultative however in case when the number of engaged employees will amount at least 20 but less than 50, the employer shall be obliged to introduce remuneration regulation or work regulations upon the motion of establishment’s trade union.
Similar amendments were improved in Act on the Work Staff Welfare Fund (article 3 thereof). The obligation to establish fund will lie upon employers engaging as of 1st January of a given year at least 50 employees in full-time (so far this number amounted 20) whereas in case when employer engages at least 20 but less than 50 employees in full-time it will be obliged to establish fund only upon the motion of establishment’s trade union.
Some amendments were also introduced in Civil Code. Except the possibility of granting commercial procuration jointly or separately to several persons there will be a possibility of granting procuration in such a manner that procurator will be entitled to perform activities encompassed by procuration with one of the members of managing body or with the partner entitled to represent partnership. The procuration might also be limited to act in the abovementioned manner. Information on granting such procuration and the manner of its execution shall be notified to the register of enterpreneurs.
One of the provision on the period of time was also amended, i.e. article 115 of the Civil Code. After the amendment, if the end of the period for the performance of an act coincides with a free day under statutory law or with Saturday, the period shall end on the following day which is not Saturday or free day under statutory law. Until now the movement of the end of the period occurred in case when it coincided only on the free day under statutory law.