New HR and Payroll regulations for the year 2016

The changes to the regulations for 2016:

• For this coming year, 2016, the minimum wage has been increased to 1,850 PLN (approx. 450 EURO) for a full-time job.
• The rules for temporary contracts and the related notice periods, are changed as follows.

As of 22nd February, 2016, an employer will be able to enter into only a maximum of three agreements for definite periods of time with an employee, and it will not be possible for the collective duration of these agreements to exceed 33 months. The conclusion of an agreement, which is for the 33 months, will mean that once that period ends the agreement will automatically become, by law, an agreement for an indefinite period of time.

The notice periods were unified, with regards to when terminating an agreement, it now makes no difference whether the agreement is for definite or indefinite period of time. The notice period is now determined by the length of service for the duration of the employment:

• 2 weeks’ notice period if the employee has been employed for less than six months,
• 1 month notice period if the employee has been employed for six months or more,
• 3 months’ notice period if the employee has been employed for 3 years or more.

In the event of termination, the employer is not required to specify reason for serving the notice period.

• Public holidays for Poland 2016:

• Friday 1st January (New Year’s Day)
• Wednesday 6th January (Epiphany)
• Sunday 27th March (Easter Sunday)
• Monday 28th March (Easter Monday)
• Sunday 1rst May (Labour Day)
• Tuesday 3rd May (Constitution Day)
• Sunday 15th May (Pentecost Whit Sunday)
• Thursday 26th May (Corpus Christi)
• Monday 15th August (Assumption of Mary)
• Tuesday 1rst November (All Saints’ Day)
• Friday 11th November (Independence Day)
• Sunday 25th December (Christmas Day)
• Monday 26th December (Second Day of Christmas)

Note: Should a holiday fall on a Saturday, the existing rule is still in effect, a day in lieu.

• Child care leave entitlement will be 2 days – change

During a calendar year the employee, who is raising a child under the age of 14, is entitled to up to 16 hours or 2 working days off from work, while retaining the right for pay. The manner of the exemption (in hours of days), decided by the employee in the first application for the leave to be granted in a particular year.

• As of 2nd January, 2016, a new labour regulation came in force which allows the employer to receive an electronically issued medical leave of absence by a doctor, which can then be registered on the Social Security Office (ZUS) website. This makes it possible for checks to be carried out from the first day of sick leave.
• Reminder: All employees have to be informed if the employee benefit fund (ZFŚP) or the holiday leave benefit are abolished, he employees have to be informed by 31st January, 2016 that the ZFŚP will not be set up and that they will not receive holiday leave benefits. This information has to be available, in a universally accessible place, to enable every employee to read it.
• Please remember that from 1st April, 2016 the rate of insurance premium for accidents could change, as the validity period, which commenced on 1st April, 2015, will end on 31st March, 2016.

Source: getsix^® Group (January, 2016)