Changes in the Labour Code promoting security and predictability of the employment relationship

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What will happen if…:

  1. …I conclude a fixed-term employment contract shorter than 1 year?

The previous provision of Art. 70, para. 1 and of the Labor Code provided that when the work requires checking whether the employee is fit to perform it, the final acceptance of work may be preceded by  a  contract with a trial period of up to  6 months. This continues to be the case, but with the addition that if the contract is concluded for a period shorter than 1 year, then the trial period cannot be longer than 1 month.

  1. …I want to conclude an employment contract for additional work with another employer?

According  to  the  regulations  currently  in  force,  the possibility to conclude an additional employment contract with   another   employer   had   to   be expressly   agreed between  the  employee  and  the  employer  in  the  main employment contract – both the option to work for another employer  additionally,  and  the  complete  prohibition  of this.

With the latest changes in the Labor Code, it is provided that the employee can enter into employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external compatibility), unless a prohibition is stipulated in his individual employment contract under his main employment relationship due to protection of tradesecrets and/or prevention of conflict of interest.

  1. …I want my employment relationship to be changed?

As an employee, I have the right to request at any time from    my    employer    to    change    my    employment relationship,  by  requesting  to  change  from  fixed-term employment to permanent employment and/or from part-time employment to full-time employment.

With the new amendments to the Labor Code, when the employer rejects my proposal to change the employment relationship, he is obliged to provide me with a reasoned written answer within a period of up to one month. If I have made an offer more than twice in one year, however, he is not required to give reasons for his refusal.

  1. …I am an employee, and the employer has obligations to employees expressly listed in the Labor Code?

The employer is obliged to inform us and give us instructions and information regarding:

  • the order and manner of performance of labor duties and exercise of labor rights;
  • internal labor regulations;
  • the internal  rules  for  the  salary  and  the  rules  for health and safety working conditions;
  • the terms and conditions for termination of the employment contract according to the provisions of the Labor Code;
  • training provided by the employer, related to maintaining and increasing professional qualifications and improving professional skills*.

* All costs related to training for maintaining and improving the professional qualifications of employees are at the expense of the employer, when his obligation to provide training stems from a legal act, a collective labor agreement or from an agreement between the parties to the employment relationship.

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