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REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY
of 15 May 1996
on the way of justifying the absence of work and the provision of redundancy workers from work
On the basis of art. 298 2 The Labour Code shall be managed as follows:
Chapter 1
Justifying absence from work
§ 1. [ Grounds for justifying absence from work] The reasons justifying the absence of the employee at work are the events and circumstances laid down by the labour law, which prevent the employee from being able to work and to provide her, as well as other cases of impossibility to do the job Indicated by the employee and recognized by the employer as justifying absence from work.
§ 2. 1. An employee should warn the employer about the reason and the anticipated period of absence at work, if the reason for this absence is from the top of the message or possible to predict.
2. In the event of a reason why the worker is prevented from being able to work, he shall immediately inform the employer of the reason for his absence and the expected duration of his/her absence, but not later than the second day of absence. at work. If the employment law of the employer does not specify the manner in which the employer is to be notified of the reason for the absence of the worker at work, the worker's notice shall be made by himself or by another person by telephone or by telephone. By means of other means of communication or by post, the date of the notification shall then be deemed to be the date of the postmark.
3. Failure to comply with the term provided for in the paragraph. 1 may be justified by special circumstances which prevent the worker from making a timely completion of the obligation laid down in that provision, in particular his obbed illness, with the absence or absence of his or her household or other household or random event. The provisions of the paragraph 2 shall apply mutatis mutandis following the cessation of reasons preventing the employer's timely notice of the cause and duration of the employee's absence at work.
§ 3. The evidence justifying the absence from work shall be:
1) [ 1] the medical certificate referred to in Article 55 par. 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2010 Nr 77, pos. 512, of late. zm.),
2) the decision of the competent State Sanitary Inspector, issued in accordance with the provisions on the control of infectious diseases-in the event of an employee's isolation for the reasons provided for by those provisions,
3) [ 2] a statement of the staff member-in the event of circumstances justifying the need for a worker to be able to take care of a healthy child by the age of 8 years because of unforeseen closure of the nursery, the children's club, kindergarten or school, of which the child attends,
3a) [ 3] a statement by the staff member on the health or the daily carer and a copy of the medical certificate as referred to in Article 55 par. 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity, or a copy of a medical certificate issued on a regular print, stating the inability to work or a daily carer, confirmed by the employee for compliance with the original, in the case of a nanniani disease with which the parents have an activation contract as referred to in the Act of 4 February 2011. on the care of children under the age of 3 (Dz. U. Nr 45, poz. 235, z późn. zm.), or a daily caregiver, who is taking care of the child,
4) imitational call of the employee for personal appearance by the authority competent in matters of universal defence obligation, governmental or local government authority, court, prosecutor's office, police or body conducting the proceedings in cases of misdemeanor, as a party or a witness in proceedings before those authorities, containing an endorsement confirming the employee's attitude to the call,
5) a statement of the employee confirming the service of a business trip during the night hours, completed in such a time that no 8 hours have elapsed to commence work, in conditions which prevent the night rest.
Chapter 2
Dismissal
§ 4. [ Exemption from work on the basis of legislation] The employer is obliged to dismiss the employee from work if such obligation arises from the Labour Code, from the implementing rules to the Labour Code or from other provisions of law.
§ 5. The employer shall be obliged to dismiss the employee of the requested person to appear before the competent authority in respect of the general obligation of defence for the time necessary for the purpose of dealing with the subject matter of the call.
§ 6. The employer is obliged to dismiss the employee from working for the time necessary to appear at the request of the government administration or local government, the court, the prosecutor's office, the police or the body conducting the proceedings in the cases of misconduct.
§ 7. The employer is required to exempt from the work of the requested staff member in order to carry out the tasks of an expert in administrative, preparatory, judicial or judicial proceedings; the total amount of the exemptions from that title may not be exceed 6 days during the calendar year.
§ 8. The employer shall be required to exempt the worker from working for the time necessary to attend a meeting of the conciliation committee as a member of that committee. This also applies to the employee who is a party or a witness in conciliation.
§ 9. The employer is obliged to exempt the worker from working for the time necessary to carry out compulsory medical examinations and preventive vaccination provided for in the control of communicable diseases, for the eradication of tuberculosis and for the control of diseases venereal.
§ 10. The employer shall be obliged to release from the work of the employee the requested in the capacity of a witness in a control procedure conducted by the Supreme Chamber of Control and the employee appointed to participate in the proceedings as a specialist.
§ 11. 1. The employer is obliged to release from the employee's work:
1) being a member of the volunteer fire brigade-for the time necessary to participate in the rescue and rest activities necessary after their completion, and also-in a dimension not exceeding a total of 6 days during the calendar year-on Fire training,
2) that is the rescuer of the Mountain Volunteer Rescue Service-for the time necessary to participate in the rescue and to rest necessary after its completion,
2a) being a member of the ad hoc State Railway Accident Investigation Commission, included in the letter of the Minister competent for transport, on the time of appointment by the Chairman of the State Commission of the Accident Investigation Committee to participate in the proceedings,
2b) as a member of a volunteer rescue team operating in the shoreline rescue station of the Maritime Search and Rescue Service "SAR Service"-for the time necessary to participate in the rescue operation and for the rest necessary after its completion and for the duration of participation in trainings organised by the Maritime Search and Rescue Service,
3) for the duration of the exercise of the obligation of personal benefits, in the mode and under the conditions stipulated in the separate provisions.
2. Exemption of a worker from work if necessary participation in the rescue operation takes place in the mode adopted by the rescue service suitable for organizing such actions, and in order to participate in the fire training-on the basis of the application the territorially competent organizational unit of the State Fire Service. The time required for the worker's rest after the rescue operation is completed shall be determined by the person who guided such action.
§ 12. The employer shall be obliged to release from the work of the worker who is a blood donor for the time marked by the blood station for blood donation. The employer shall also be obliged to exempt from the work of the worker a blood donation for the time necessary to carry out the periodic medical examinations prescribed by the blood station, if they cannot be carried out during a free period of time.
§ 13. 1. The employer is obliged to exempt from the work of the employee in order to carry out teaching activities in a vocational school, in a higher school, in a scientific establishment or in a research and development unit; the total length of the exemptions from this title may not exceed 6 hours a week or 24 hours a month.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the staff member in the event of training on a vocational course.
§ 14. The employer shall be obliged to dismiss the work of a member of the supervisory board, acting in the employer's employer, for the time necessary to attend the meetings of the Board.
§ 15. The employer shall be obliged to release from the worker's work for the duration of the following:
1) 2 days-in the event of a worker's marriage or birth of his or her child or death and burial of the spouse of the employee or his/her child, father, mother, stepfather or stepmother,
2) 1 day-in the event of a child's marriage or death and burial of his sister, brother, father-in-law, father-in-law, grandmother, grandfather, as well as another dependant of the employee or under his direct care.
§ 16. 1. During the period of exemption from work referred to in the second sentence of § 8, § 9, § 11 (1) Article 1 (2) and (2b), (12) and (15), the staff member shall retain the right to remuneration determined in accordance with the provisions of the provisions adopted on the basis of Article 297 of the Labour Code.
2. In the event of a worker's use of the exemption from the work referred to in paragraphs 5 to 7, 10 and § 11 (1), In accordance with Article 1 (1) and (3), the employer shall issue a certificate stating the amount of the loss of remuneration for the period of such exemption in order to obtain, by the employee from the competent authority, the monetary compensation of that exemption, in the amount and under the conditions laid down separate provisions, unless the employer's legislation in force provides for the employee's right to pay for the duration of his dismissal.
Chapter 3
Final provisions
§ 17. [ Repealed provisions] 1. Traci shall be the power of the Council of Ministers of 20 December 1974. on the rules of work and the rules for justifying absence from work and the granting of exemptions from work (Dz. U. No 49, pos. 299, of 1975 Nr 27, pos. 141, of 1976. Nr 35, pos. 209, of 1977. Nr 10, pos. 41, of 1981. Nr 22, pos. 110, 1982 Nr 37, pos. 247, of 1983. Nr 40, pos. 181, of 1985. No. 1, pos. 1, of 1989. Nr 49, poz. 272 and 1991 No 92 pos. 409), subject to paragraph. 2.
2. The powers resulting from § 11 (1) shall apply to workers who are in temporary custody on the date of entry into force of this Regulation. 2. 2 of the Regulation referred to in paragraph 2. 1-to the expiry of the period of payment of the remuneration provided for in that provision.
§ 18. This Regulation shall enter into force on 2 June 1996.
[ 1] § 3 point 1 in the wording set by § 1 item 1 of the Regulation of the Minister of Labour and Social Policy of 15 November 2013. amending the Regulation on the way of justifying the absence of work and the provision of redundancy workers (Journal of Laws pos. 1359). The amendment came into force on 22 November 2013.
[ 2] § 3 point 3 as set out by § 1 item 2 of the Ordinance of the Minister of Labour and Social Policy of 15 November 2013 amending the Regulation on the way of justifying the absence of work and the provision of redundancy workers (Journal of Laws pos. 1359). The amendment came into force on 22 November 2013.
[ 3] § 3 point 3a added by § 1 item 3 of the Ordinance of the Minister of Labour and Social Policy of 15 November 2013 amending the Regulation on the way of justifying the absence of work and the provision of redundancy workers (Journal of Laws pos. 1359). The amendment came into force on 22 November 2013.
