Act Of 26 June 1974 Labour Code

Original Language Title: USTAWA z dnia 26 czerwca 1974 r. Kodeks pracy

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Preamble (repealed) SECTION FIRST General provisions chapter I introductory provisions Article. 1. [range] labour code specifies the rights and obligations of employees and employers.



Article. 2. [the definition of employee] Employee is a person employed under a contract of employment, appointment, selection, appointment or a cooperative contract of employment.



Article. 3. [the definition of employer] the employer is organizational unit, even if it did not have legal personality, as well as a natural person, where they employ workers.



Article. 31. [Steps of labour law] § 1. For the employer, which is an organizational unit of the actions in matters of labour law shall make the person or the managing body of that entity or another designated for this person.

§ 2. Provision of section 1 shall apply mutatis mutandis to the employer who is a natural person, unless he personally the activities referred to in that provision.



Article. 4. (repealed) Article. 5. [special provisions] if the employment relationship referred to categories of workers are governed by specific provisions, the provisions of the code shall apply to the extent that absence of those provisions.



Article. 6. (repealed) Article. 7. (repealed) Article. 8. [misuse of subjective right] you cannot do with his right, which would be contrary to the socio-economic purpose this law or principles of social coexistence. Such action or omission of the holder is not considered the exercise of the right and does not use protection.



Article. 9. [the definition of labor law] § 1. Whenever the labour code is talking about labor law, it is understood that the provisions of the labour code and the provisions of other acts and implementing acts, defining the rights and obligations of workers and employers, as well as the provisions of collective agreements, and other law-based collective agreements, regulations and statutes that define the rights and obligations of the parties.

§ 2. The provisions of collective agreements and collective agreements and regulations and statutes may not be less favourable to the employee than the provisions of the labour code and other acts and implementing acts.

§ 3. The provisions of the regulations and statutes may not be less favourable to the workers than the provisions of collective agreements and collective agreements.

§ 4. The provisions of collective agreements, and other law-based collective agreements, regulations and statutes that define the rights and obligations of the parties, contrary to the principle of equal treatment in employment, do not apply.



Article. 91. [Agreement to suspend the application of the provisions of labour law] § 1. If this is justified by the financial situation of the employer, may be an agreement to suspend the application in whole or in part, labour laws, defining the rights and obligations of the parties of the employment relationship; This does not apply to the provisions of the labour code and the provisions of other acts and implementing acts.

§ 2. The agreement referred to in paragraph 1, the employer and the employees ' trade union organization representing contains, and if the employer is not covered by the operation of such an organization, the agreement contains employer and worker representation chosen mode adopted in the employer.

§ 3. The suspension of the application of the provisions of labour law may not last longer than 3 years. the provision of article. 24127 § 3 shall apply mutatis mutandis.

§ 4. The employer shall forward to the competent labour inspector a regional agreement.

§ 5. The provisions of § 1-4 shall not affect the provisions of article 4. 24127. Chapter II of the basic principles of labour law Art. 10. [the right to work] § 1. Everyone has the right to freely chosen work. No one, except in the cases referred to in the Act, you cannot prohibit the practice.

§ 2. The State determines the minimum remuneration for work.

§ 3. The State pursues a policy aimed at full productive employment.



Article. 11. [Establishing employment relationship] to establish an employment relationship and the determination of working conditions and pay, regardless of the legal basis for this relationship, requires a compatible declarations of intent of the employer and employee.



Article. 111. [respect for personal rights and employee] the employer is obliged to respect the dignity and other personal employee.



Article. 112. [Equal employment rights] Employees have equal rights in respect of the same filling the same duties; This applies, in particular, equal treatment for men and women in employment.



Article. 113. [the prohibition of discrimination] Any discrimination in employment, direct or indirect, in particular on grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, and also because of employment for a definite or indefinite period or full-or part-time – is inadmissible.



Article. 12. (repealed) Article. 13. [right to an equitable remuneration] employee is entitled to an equitable remuneration for the work. Conditions for the implementation of this law shall determine the provisions of labour law and policy in the field of wages, in particular by setting the minimum remuneration for work.



Article. 14. [the right to rest] worker has the right to rest, that provide rules on working time, days off and vacation villages.



Article. 15. [provide safe and hygienic working conditions] the employer is obliged to provide employees with a safe and healthy working conditions.



Article. 16. [meeting the domestic, social and cultural needs of employees] the employer, according to the possibilities and conditions, caters to the cabins, social and cultural needs of workers.



Article. 17. [Raising professional qualifications] the employer is obliged to help employees raising professional qualifications.



Article. 18. [the compliance provisions of the contracts with the law] § 1. Provisions of employment contracts and other acts on the basis of an employment relationship arises, may not be less favourable to the employee than the provisions of labour law.

§ 2. The provisions of the agreements and acts referred to in § 1, the less benefit to the employee than the provisions of labour law are null and void; Instead, apply the relevant provisions of the labour law.

§ 3. Provisions of employment contracts and other acts, based on which the employment relationship, contrary to the principle of equal treatment in employment are void. Instead of such provisions shall apply the relevant provisions of the labour law, and in the absence of such provisions-these provisions shall replace the corresponding provisions of the mandatory nature of the discriminatory.



Article. 181. [Organization] § 1. Workers and employers, to represent and defend their rights and interests, have the right to create organizations and join these organizations.

§ 2. Create policies and activities of the Organization, referred to in § 1, specifies the Act on trade unions, employers ' organizations act and other laws.



Article. 182. [Participation in the management of the] Employees participate in the management of the workplace to the extent and on the terms specified in separate regulations.



Article. 183. [for employers and administrative bodies] of the employer and the administrative authorities are required to create the conditions for the use of the powers provided for in the regulations referred to in article 1. 181 and 182.



Chapter IIa of equal treatment in employment Article. 183a. [the prohibition of discrimination] § 1. Employees should be treated in the field connect to and termination of employment, conditions of employment, promotion and access to training to improve professional qualifications, in particular, regardless of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, and regardless of employment for a definite or indefinite or full-time or part-time work.

§ 2. Equal treatment in employment means discrimination in any way, directly or indirectly, for the reasons set out in paragraph 1.

§ 3. Direct discrimination exists when an employee with one or several of the reasons referred to in paragraph 1 was, is or would be treated in a comparable situation less favourably than other employees.

§ 4. Indirect discrimination exists if a result of seemingly neutral provisions, criteria applied or action occur or could occur negative imbalances or particularly disadvantage in terms of establishing and termination of employment, conditions of employment, promotion and access to training to improve the professional competence of all or a significant number of workers belonging to the group due to one or more of the reasons set out in section 1 of the unless that provision, criterion or measure is objectively justified by a legitimate aim, which is to be achieved and the means of achieving that aim are appropriate and necessary.

§ 5. The manifestation of discrimination within the meaning of § 2 is also: 1) action encouraging another person to breach of the principle of equal treatment in employment or making an order for its violation of this rule;

2) behavior, which has the purpose or effect of violating the dignity of the worker and the creation of the intimidating, hostile, degrading, humiliating or offensive environment (harassment).


§ 6. Shroud on the grounds of sex is also any unwanted conduct of a sexual nature or relating to an employee's sex, which has the purpose or effect of violating the dignity of a worker, in particular the creation of the intimidating, hostile, degrading, humiliating or offensive environment; This behavior can be physical, verbal or non-verbal elements (sexual harassment).

§ 7. Submission by the employee harassment or sexual harassment, as well as to take action by him resisting harassment or sexual harassment may not result in any negative consequences to the employee.



Article. 183b. [breach of the principle of equal treatment] § 1. The violation of the principle of equal treatment in employment, subject to § 2 – 4, shall be deemed to vary by employer situation an employee with one or more of the grounds referred to in article 1. 183a § 1, which results in a specifically: 1) refusing or termination of employment, 2) negative shape of the wages or other conditions of employment or omission by promoting or granting other work-related benefits, 3) skip for selecting to participate in trainings raising professional qualifications, unless the employer proves that the objective grounds.

§ 2. The principle of equal treatment in employment shall not affect the operation of, proportionate to the achievement of the legitimate to differentiate the situation of the employee, consisting of: 1) niezatrudnianiu an employee with one or more of the grounds referred to in article 1. 183a § 1, if the nature of the work or the conditions of its exercise cause that cause or causes listed in this provision are real and decisive occupational requirement posed an employee;

2) denunciation of the conditions of employment of the employee in terms of working time if this is justified by reasons botanical workers without reference to a different cause or other causes listed in the article. 183a § 1;

3) measures that differentiate the legal situation of the employee, for the protection of parenthood or disability;

4) application of seniority in determining the conditions of employment and dismissal of employees, remuneration and promotion and access to training to improve professional qualifications, which justifies the different treatment of employees because of their age.

§ 3. Do not constitute a breach of the principle of equal treatment in employment activities for a specific period of time, to the Equalization of opportunities for all or a significant number of employees awarded with one or more of the grounds referred to in article 1. 183a § 1, by reducing the benefit of such employees actual inequalities, to the extent specified in that provision.

§ 4. Does not constitute an infringement of the principle of equal treatment for reducing by churches and other religious organizations, as well as organizations whose ethics is based on religion, profession or vision, access to employment, because of religion, creed or belief if the type or nature of business by churches and other religious organizations, as well as organizations makes religion, religion or belief are real and decisive occupational requirement posed an employee proportionate to the achievement of the legitimate to differentiate the situation of that person; This also applies to the requirements of employees act in good faith and loyalty to the ethics of the Church, a different relationship of religion and the Organization, which is based on ethics, religion, profession or mindsets.



Article. 183c. [the right to equal remuneration] § 1. Workers have the right to equal remuneration for the same work or for work of equal value.

§ 2. The remuneration referred to in § 1, covers all the components of remuneration, irrespective of their name and character, as well as other work-related benefits granted to workers in the form of cash or in a form other than money.

§ 3. Work of equal value are jobs whose execution requires from the employees comparable professional qualifications, certified documents provided for in separate legislation or practice and professional experience, as well as comparable responsibility and effort.



Article. 183d. [compensation for breach of the principle of equal treatment] a person to whom the employer has violated the principle of equal treatment in employment, is entitled to compensation in an amount not less than the minimum salary shall be determined on the basis of separate provisions.



Article. 183e. [remedy for breach of the principle of equal treatment] § 1. The use by an employee of the powers in respect of an infringement of the principle of equal treatment in employment cannot be the basis for the less favourable treatment of the employee, and also may not result in any negative consequences to the employee, especially may not constitute a reason justifying termination of the employment relationship by the employer or its solution without notice.

§ 2. Provision of section 1 shall apply mutatis mutandis to an employee who has any form of support to the employee the powers in respect of an infringement of the principle of equal treatment in employment.



Chapter Ii supervision and control compliance with labour law Art. 184. [national labour inspection, the State health inspection] § 1. Monitoring and control of compliance with the labour law, including the rules and principles of occupational safety and health, the State labour inspection.

§ 2. Monitoring and control of compliance with the rules, regulations, safety at work and environmental conditions of work is exercised by the State health inspection.

§ 3. The Organization and scope of the audit, referred to in § 1 and 2 define separate rules.



Article. 185. [the social labour inspectorate] § 1. Social control compliance with labour law, including the rules and principles of health and safety at work, social labour inspection.

§ 2. The organisation, tasks and powers of the social labour inspectorate and the rules for its interaction with the State Labour Inspectorate and other State supervisory and control authorities shall determine separate rules.



Chapter III (repealed) Article. 19. (repealed) Article. 20. (repealed) Article. 21. (repealed) SECTION the SECOND employment relationship chapter I General provisions Art. 22. [the definition of employment] § 1. By establishing the employment relationship, the employee agrees to perform certain types of work for an employer and under his direction and in a place and time designated by the employer, and the employer to hire an employee for consideration.

§ 11. Employment in the conditions specified in § 1 is hiring on the basis of the employment relationship, regardless of the name concluded by the parties to the agreement.

§ 12. It is not permitted to replace the employment contract agreement cywilnoprawną while maintaining the conditions of work referred to in § 1.

§ 2. A staff member may be a person who is over 18 years of age. The conditions laid down in the ninth section staff member may also be a person who is under 18 years of age.

§ 3. Person limited in legal capacity may without the consent of the legal representative to establish the employment relationship and to make legal transactions which relate to this relationship. However, when the employment relationship is opposed to the good of the person, the legal representative with the authorization of the guardianship court can terminate the employment relationship.



Article. 221. [disclosure of personal data] § 1. The employer has the right to require from the applicant for employment personal information including: 1) first name (s) and last name;

2) names of parents;

3) date of birth;

4) place of residence (address for correspondence);

5) education;

6) process of the current employment.

§ 2. The employer has the right to require the employee to provide, regardless of the personal data referred to in § 1, including: 1) other employee data, as well as first and last names and dates of birth of children of the employee, if such is necessary due to the use by an employee of the special powers provided for in labour law;

2) social security number of the employee given by Government Information Centre of the universal Electronic population register (RCI Tin).

§ 3. Provide the employer of personal data takes place in the form of a statement of the person to whom they relate. The employer has the right to require proof of personal data of the persons referred to in § 1 and 2.

§ 4. The employer may request other personal information than referred to in § 1 and 2, if the obligation to provide results from separate regulations.

§ 5. In terms of unregulated in § 1-4 to the personal data referred to in those provisions, the provisions on the protection of personal data.



Article. 23. (repealed) Article. 231. [the passage of establishment] [1] § 1. In the event of a transition at the workplace or part thereof to another employer made it under the laws of a party to the existing labour relations, subject to the provisions of § 5.

§ 2. For the obligations arising from the employment relationship, before moving on part of the employer to another employer, the previous and the new employer jointly and severally.


§ 3. If employers referred to in § 1, do not work works trade union organisations, the existing and the new employer shall inform in writing the employees about the expected time of transition at the workplace or part thereof to another employer, the reasons for it, legal, economic and social consequences for employees, as well as the intended activities on employment conditions of workers, in particular working conditions, pay and retraining; the provision of information should take place at least 30 days before the expected date of transition at the workplace or part thereof to another employer.

§ 4. Within 2 months from the workplace or part thereof to another employer, the employee may, without notice, for the seven-day notice, terminate the employment. Termination of employment in this mode causes for effects, what are the rules of labour law involve termination of employment by the employer with notice.

§ 5. The employer, on the day of the takeover work plant or part thereof, is obliged to propose new working conditions and wage workers providing so far, working on a different basis than the employment contract and the period of not less than 7 days, to which employees can make a declaration of acceptance or refusal of the proposed conditions. In the event of an unreconciled new working conditions and pay the existing employment relationship are solved with the expiry of a period equal to the period of notice, from the date on which the employee made a statement to refuse the proposed conditions, or from the date by which he could make such a statement. Provision of § 4, second sentence, shall apply mutatis mutandis.

§ 6. The transition at the workplace or part thereof to another employer may not constitute a reason justifying termination of the employment relationship by the employer.



Article. 231a. [agreement on the application of less favourable conditions of employment] § 1. If this is justified by the financial situation of the employers, not covered by the collective work or employing less than 20 employees, can be reached on the application of less favourable conditions of employment than arising from employment contracts concluded with those employees, to the extent and for the time fixed in the agreement.

§ 2. The provisions of article 4. 91 § 1-4 shall apply mutatis mutandis.



Article. 232. [interaction with trade unions] where the provisions of the labour law provide for interoperability between the employer works with Union Organization in individual cases from the employment relationship, the employer is obliged to cooperate in such matters with Union worker representing the organisation works in respect of his membership in a trade union or agree to defend the rights of the employee in relation to a non-member, in accordance with the law on trade unions.



Article. 24. (repealed) chapter II employment section 1 conclusion of the contract of employment Article. 25. [types of contracts] § 1. An employment contract shall be for a trial period, for an indefinite period or for a specified period.

§ 2. A contract of employment for a trial period, not exceeding 3 months, in order to verify the qualifications of the employee and its employment for the purpose of performing a specific type of work.

§ 3. Renewed contract of employment for a trial period with the same employee is possible: 1) if the worker is to be employed in order to perform a different type of work;

2) after the expiry of at least 3 years from the date of the termination or expiration of the previous contract of employment, if the employee has been employed in order to perform the same type of work; in this case, it is permissible to single sign-on with the conclusion of the agreement again on trial.



Article. 251. [Another fixed-term contract] § 1. Period of employment under a contract of employment for a specified period, as well as the total period of employment on the basis of fixed-term employment contracts concluded between the same parties, may not exceed 33 months, and the total number of such contracts may not exceed three.

§ 2. Reconciliation between the parties during the duration of the employment contract for a definite period to work on the basis of this Agreement shall be deemed to be the conclusion, from the day following the date on which termination occur, a new contract of employment for a specified period within the meaning of paragraph 1.

§ 3. If the period of employment under a contract of employment for a specified period is longer than the period referred to in paragraph 1, or if the number of contracts is greater than the number of contracts referred to in that provision, it is believed that the employee, respectively from the day following the expiry of the period referred to in § 1, or from the date of the conclusion of the fourth contract of employment for a specified period , is employed under a contract of employment for an indefinite period.

§ 4. Provision in § 1 shall not apply to employment contracts concluded for a fixed period: 1) to the employee representation at the time of its justified absence at work, 2) to perform work of a precarious or seasonal, 3) to perform work for a period of his term of Office, 4) in the case where the employer indicates objective reasons lying on his side, if its conclusion in this case is used to meet actual needs and periodically is essential in this regard, in the light of all the circumstances of the conclusion of the contract.

§ 5. The employer shall notify the competent district labour inspector, in writing or by electronic means, of the conclusion of the contract of employment referred to in § 4, paragraph 4, together with an indication of the reasons for the conclusion of such agreement, within 5 working days from the date of its conclusion.



Article. 26. [the term to establish an employment relationship] employment is within the period specified in the contract as the date of commencement of employment, and if the term is not specified-on the day of conclusion of the contract.



Article. 27. (repealed) Article. 28. (repealed) Article. 29. [the form and content of the contract of employment] § 1. Contract of employment specifies the parties to the agreement, the type of contract, date of its conclusion and, in particular wage and working conditions: 1) type of work;

2) the place of performance of the work;

3) remuneration for their work corresponding to the type of work, with an indication of the components of remuneration;

4) hours of work;

5) time limit for starting work.

§ 11. In the case of conclusion of a contract of employment for a specified period in order to, as referred to in article. 251 § 4 paragraph 1-3, or in the case referred to in article 1. 251 § 4, paragraph 4, the agreement specifies the target or the circumstances of this case, by posting the information on objective reasons justifying the conclusion of such an agreement.

§ 2. An employment contract shall be in writing. If the employment contract has not been concluded in writing, the employer before the employee to work confirms the employee in writing findings as to the parties to the contract, the nature of the contract and its terms.

§ 3. The employer shall inform the employee in writing, no later than within 7 days from the date of conclusion of the contract of employment, an employee at: 1) daily and weekly standard, 2) the frequency of wage payments, 3) dimension of employee leave, 4) employee of the duration of the employment contract is terminated, 5) collective agreement, where the employee is covered, and if the employer has no obligation to establish staff rules – in addition, at night time , the place, date and time of the payment of wages and adopted the manner in which the staff arrival and presence at work and justify absences.

§ 31. Inform the employee of his conditions of employment referred to in § 3 paragraph 1-4, may be made by written indication of the relevant provisions of the labour law.

§ 32. The employer shall inform the employee in writing of the change of the conditions of employment referred to in § 3 paragraph 1 – 4, on the employee's collective agreement, as well as to change the collective agreement, the employee is covered immediately, but not later than within 1 month from the date of entry into force of these amendments, and if termination of employment would have to take place before the expiry of that period – not later than the termination of the contract.

§ 33. Inform the employee about the change of the conditions of employment referred to in § 3 paragraph 1-4, may be made by written indication of the relevant provisions of the labour law.

§ 4. Changing the conditions of the employment contract must be in writing.

§ 5. The provisions of § 1-4 shall apply mutatis mutandis to the labour relations established on a different basis than the employment contract.



Article. 291. [referral to work abroad] § 1. The employment contract of an employee to work in the territory of a Member State which is not a member of the European Union for a period exceeding 1 month, regardless of the conditions referred to in article 1. 29 § 1, should specify: 1) time to work abroad;

2) the currency in which you will be paid the employee salary at run time working abroad.

§ 2. Before referring the employee to work the employer Additionally inform the employee in writing of: 1) the benefits conferred in respect of referrals to work outside the country, including the reimbursement of travel and providing accommodation;

2) conditions return to the country.

§ 3. Inform the employee of his conditions of employment referred to in paragraph 2, may be made by written indication of the relevant provisions.


§ 4. The employer shall inform the employee in writing of the change of the conditions of employment referred to in paragraph 2, it shall promptly, but not later than within 1 month from the date of entry into force of these amendments, and if termination of employment would have to take place before the expiry of that period – not later than the termination of the contract.

§ 5. Inform the employee about the change of the conditions of employment referred to in paragraph 2, may be made by written indication of the relevant provisions.

§ 6. The provisions of § 1-5 shall apply mutatis mutandis to the labour relations established on a different basis than the employment contract.



Article. 292. [part-time working time] § 1. The conclusion of the employment contract with an employee with part-time work may not cause its working conditions and pay in a less favourable manner in relation to workers engaged in the same or similar work on a full-time basis, taking into account the however, proportionality of remuneration for work and other work-related benefits to the working time of the employee.

§ 2. The employer shall, where possible, take into account the request of the employee concerning the changes to working hours specified in the employment contract.



Section 2 General provisions about the termination of the work of Art. 30. [termination] § 1. Employment agreement resolves to: 1) by agreement of the parties;

2) by a declaration of one of the parties while maintaining a notice period (termination of employment with notice);

3) by a declaration of one party without notice (termination of employment without notice);

4) with the passage of time, which was concluded.

5) (repealed) § 2. Employment contract for a period of trial fixes the end of that period, and prior to its expiration may be terminated by notice.

§ 21. The notice period of the employment contract covering a week or a month or a multiple ends respectively on Saturday, or on the last day of the month.

§ 3. Each party's statement of denunciation or termination of a contract of employment without notice should be made in writing.

§ 4. In a statement the employer of termination of an employment contract concluded for an indefinite period or to terminate the employment contract without notice shall be indicated the reason for termination or termination of the agreement.

§ 5. In a statement the employer of termination of the contract of employment or its termination without notice should be included notice of their right to an employee appeal to the Court of law.



Article. 31. (repealed) branch 3 termination by notice Art. 32. [termination] § 1. Either party may terminate a contract of employment with notice.

§ 2. Termination of employment from the expiry of the period of notice.



Article. 33. (repealed) Article. 331. (repealed) Article. 34. [notice period contract for a trial period] the notice period of the employment contract concluded for a trial period is: 1) 3 days, if the trial does not exceed 2 weeks;

2) 1 week, if a trial period is longer than 2 weeks;

3) 2 weeks, if a trial period is 3 months.



Article. 35. (repealed) Article. 36. [notice period the contract concluded for an indefinite period] § 1. The notice period of the employment contract concluded for an indefinite period and the employment contract concluded for a definite period is dependent on the period of employment of the employer and shall be: 1) 2 weeks, if the employee has been employed for less than 6 months;

2) 1 month, if the employee has been employed for at least 6 months;

3) 3 months, if the worker has been employed for at least three years.

§ 11. To the period of employment referred to in § 1, does the employee period of employment with the previous employer if the change of the employer occurred on the principles referred to in article 1. 231, as well as in other cases, where under separate provisions of the new employer is the legal successor in the labor relations established by the employer before employing this employee.

§ 2. (repealed) § 3. (repealed) § 4. (repealed) § 5. If the employee is employed as the responsibility of related material for entrusted property, the parties may determine in the contract of employment, that in the case referred to in § 1, paragraph 1, the period of notice is one month, (a) in the case referred to in § 1 paragraph 2-3 months.

§ 6. The parties may after their employment contract is terminated by one of them to determine the date of termination of the contract; the determination of such does not change the mode of termination of employment.



Article. 361. [the bankruptcy or liquidation of the employer] § 1. If the termination of the employee employment contract concluded for an indefinite period or a work contract concluded for a specified period is due to the bankruptcy or liquidation of the employer or for other reasons not involving employees, the employer may, in order to early termination of a contract of employment, shorten the three-month notice, up to 1 month. In this case, the worker is entitled to compensation in the amount of salary for the remainder of the period of notice.

§ 2. The period for which you are entitled to compensation, does the employee separated this period out of work for the period of employment.



Article. 362. [exemption from the obligation to perform work for the expiry of the period of notice] in connection with the termination of the employment contract, the employer may release the employee from the obligation to provide work to the expiry of the period of notice. During the period of this exemption an employee retains the right to remuneration.



Article. 37. [Release on the job search] § 1. During a period of at least two weeks notice of an employment contract by the employer to an employee is entitled to the exemption in search of work, the right to remuneration.

§ 2. Dimension of the exemption are as follows: 1) 2 days-a period of two weeks and one month's notice;

2) 3 working days during a three-month notice, even if its reduction on the basis of article. 361 § 1.



Article. 38. [mode terminate a contract concluded for an indefinite period] § 1. Of its intention to terminate the employee employment contract concluded for an indefinite period the employer shall notify in writing that represents the employee Union Organization works, the reason justifying the termination of the agreement.

§ 2. If the factory trade union organisation considers that termination would be unjustified, may, within 5 days from the receipt of the notice to report in writing to the employer motivated objections.

§ 3. (repealed) § 4. (repealed) § 5. After considering the position of the trade union organization, as well as in the event of not addressing its position within the time allowed, the employer shall take a decision on the notice.



Article. 39. [prohibition of termination of employment] an employer may not terminate the contract of employment to an employee, which is missing no more than 4 years to reach retirement age, if the period of employment to obtain the right to a pension with the achievement of this century.



Article. 40. [getting the right to a survivor's pension] Provision art. 39 does not apply if the employee the right to a survivor's pension for total incapacity for work.



Article. 41. [Justified absence at work] an employer may not terminate an employment contract during leave of an employee, as well as during other justified absence at work, if not yet expired period for termination of employment without notice.



Article. 411. [Declaration of bankruptcy or liquidation of the employer] § 1. In the event of bankruptcy or liquidation of the employer shall not apply the provisions of article 4. 38, 39 and 41, or specific provisions for the protection of workers against dismissal or termination of employment.

§ 2. (repealed) § 3. (repealed) § 4. (repealed)



Article. 42. [termination of amending] § 1. The provisions of termination of the employment contract shall apply mutatis mutandis to terminate contractual working conditions and pay.

§ 2. Termination of working conditions or wage shall be deemed to be made, if the employee was offered new terms in writing.

§ 3. In the event of a refusal by an employee of the proposed working conditions or pay, the employment contract are solved with the expiry of the period of your notice. If the employee before the end of the half of the period of notice does not submit a statement of refusal to accept the proposed terms, it is considered that the agreed to these conditions; the employer's letter denouncing the working conditions or wage should contain a warning in this case. In the absence of such instructions, the employee may to the end of the period of notice to make a statement to refuse the proposed conditions.

§ 4. Termination of existing working conditions or wage is not required in the case of entrusting to the worker, in cases of justified needs of the employer, other than specified in the contract of employment for a period not exceeding 3 months in a calendar year, unless this results in a reduction in pay and corresponds to the qualifications of the employee.



Article. 43. [termination of amending for the worker referred to in article 39] the employer may terminate the work conditions or wages to an employee referred to in the article. 39, if termination has become necessary because of: 1) the introduction of new remuneration policy for the General employees of the employer or of the group to which the employee belongs;


2) found the judgment of the medical loss of ability to perform work or niezawinioną the employee's loss of powers necessary for its execution.



Division 4 employee Rights in the event of unjustified or illegal termination of an employment contract by the employer to the Article. 44. [appeal against notice] an employee may appeal from the employment contract is terminated to the Labour Court, referred to in section 12.



Article. 45. [the Court ruling] § 1. If you determine that the termination of employment concluded for an indefinite period is unreasonable or violates the provisions of the employment contracts Act, the Labour Court-according to the request of the employee – rules on the inefficiency of the notice, and if the contract has already been solution-to reinstate the employee to work on previous conditions or on compensation.

§ 2. The labour court may not take account of the request of an employee recognition notice ineffective or restore to work, if it determines that such a request is not possible or not advisable; in this case, the Labour Court shall rule on compensation.

§ 3. Provision in § 2 shall not apply to the staff referred to in article 1. 39 and 177, and specific legislation for the protection of workers against dismissal or termination of employment unless the employee requests to take account of the restoration work is impossible with the grounds referred to in article 1. 411; in this case, the Labour Court shall rule on compensation.



Article. 46. (repealed) Article. 47. [remuneration after the restoration of] a worker who took a job as a result of the restoration work, shall be entitled to compensation for the time of unemployment, but not more than 2 months, and when the notice period was 3 months-no more than 1 month. If the employment contract was resolved with the employee referred to in the article. 39, or with the employee during pregnancy or maternity leave, are entitled to compensation for all the time of unemployment; This also applies to the case where the fixed employment contract with an employee – the father bringing up child during maternity leave or if the termination of employment is limited by specific provision.



Article. 471. [Indemnity] the compensation referred to in article 2. 45, in the amount of remuneration for the period from 2 weeks to 3 months, not less, however, the salary for the notice period.



Article. 48. [denial of reinstatement] § 1. The employer may deny reinstatement of the employee, if within 7 days of the restoration work has not reported it immediately ready to work, unless the exceeding the time limit occurred for reasons beyond the control of the employee.

§ 2. A worker who, before restoring to work has taken employment with another employer, may, without notice, for 3 days notice, terminate the contract of employment with the employer within 7 days of the restoration work. Termination of the contract in this mode involves the effects of what the law entails termination of contract of employment by the employer with notice.



Article. 49. [a shortened notice period] if a period of notice less than required, the employment contract are solved with the expiry of the period required, and the employee shall be entitled to compensation for the time of termination of the contract.



Article. 50. [Compensation] § 1. If the termination on trial was in breach of the provisions of the utterance of these agreements, an employee only. Compensation in the amount of remuneration for the time until which the agreement was supposed to take.

§ 2. (repealed) § 3. If termination of employment contract for a specified period was in breach of the provisions of the utterance of such an agreement, the employee is entitled only to compensation.

§ 4. Compensation, referred to in paragraph 3, shall be in the amount of remuneration for the time until which the agreement was supposed to take, but not more than 3 months.

§ 5. Provision in § 3 shall not apply in the event of termination of employment, employees during pregnancy or maternity leave, the employee – the father who raises the child during maternity leave, and the employee during the protection of the employment relationship on the basis of the provisions of the law on trade unions. In these cases shall apply mutatis mutandis the provisions of art. 45. Article. 51. [Duration of unemployment] § 1. A worker who took a job as a result of the restoration work, are included in the period of employment period of unemployment, for which the remuneration is granted. The period of unemployment, for which the remuneration was not granted, it is not considered a break in employment, entailing the loss of powers dependent on continuous employment.

§ 2. An employee who has been granted compensation, are included in the period of employment period of unemployment, corresponding to the period for which compensation has been granted.



Branch 5 termination of employment without notice Art. 52. [Solution due to the fault of the employee] § 1. The employer may terminate the employment contract without notice due to the fault of an employee in the event of: 1) severe violation of the employee's basic obligations;

2) commit by the employee for the duration of the employment contract of the crime, which prevents further employing it occupation, if the crime is obvious or has been established by a final judgment;

3) fault by an employee losing permissions necessary to perform work on the occupation.

§ 2. Termination of employment without notice due to the fault of an employee may not take place after the expiry of 1 month from the employer to the news about the circumstances justifying the termination of the agreement.

§ 3. The employer shall take the decision on the termination of the contract after consulting the works trade union organization, employee representative shall notify the reason justifying the termination of the agreement. In the event of objections to the legitimacy of the termination of the contract works organization Union expresses its opinion immediately, but not later than within 3 days.

§ 4. (repealed)



Article. 53. [Solution of the causes of delays] § 1. The employer may terminate the employment contract without notice: 1) if the unfitness for work due to illness continues: a) for more than 3 months – when the employee was employed at your employer for less than 6 months, b) longer than the total duration of the download allowance and salary and benefit rehabilitation for the first 3 months-when the employee was employed at your employer for at least 6 months or if the incapacity for work was caused by an accident at work or occupational disease;

2) in case of justified absence at work for other reasons than those mentioned in paragraph 1, lasting longer than 1 month.

§ 2. Termination of employment without notice may not take place in the absence of the employee at work because of custody during a download for this allowance, and, in the case of detention of the employee because of a contagious disease during a download of this remuneration and allowance.

§ 3. Termination of employment without notice may not take place after appearing to work in connection with the termination of the cause of absence.

§ 4. The provisions of article 4. 36 § 11 and article. 52 § 3 shall apply mutatis mutandis.

§ 5. The employer shall as far as possible again to hire a worker who, during the period of 6 months from the termination of employment without notice, of the reasons mentioned in paragraph 1 and 2, will report your return to work as soon as possible after the end of these reasons.



Article. 54. (repealed) Article. 55. [termination by employee] § 1. The employee may terminate the employment contract without notice if it is issued medical stating the injurious effect of the work on the health of the employee, and the employer does not move it within the time limit specified in the medical statement to another job, because of his health and professional qualifications.

§ 11. The employee may terminate the employment contract as specified in § 1 even if the employer has committed a serious breach of fundamental obligations to the employee; in this case, the worker is entitled to compensation in the amount of salary for the notice period. In the case of termination of the employment contract concluded for a definite compensation in the amount of remuneration for the time, to which the contract was to take, but not more than for the period of notice.

§ 2. A statement of the employee to terminate the employment contract without notice should be made in writing, stating the reason for termination. Provision of art. 52 § 2 shall apply mutatis mutandis.

§ 3. Termination of employment on grounds referred to in § 1 and 11 shall entail the effects that the law involve termination of contract by the employer with notice.



Division 6 employee Rights in the event of fraudulent use solutions by the employer of the employment contract without notice Art. 56. [the claim of the employee] § 1. The employee, which resolved a contract of employment without notice in violation of the rules on resolving employment contracts in this mode, shall have a claim for relief to work on previous conditions or for compensation. About the restoration or compensation of court work.


§ 2. The provisions of article 4. 45 § 2 and 3 shall apply mutatis mutandis.



Article. 57. [remuneration after restoring] § 1. A worker who took a job as a result of the restoration work, shall be entitled to compensation for the time of unemployment, but not more than 3 months and not less than 1 month.

§ 2. If the employment contract was resolved with the employee referred to in the article. 39, or with the employee during pregnancy or maternity leave, are entitled to compensation for all the time of unemployment; This also applies to the case where the fixed employment contract with an employee – the father bringing up child during maternity leave or if the termination of employment is limited by specific provision.

§ 3. (repealed) § 4. The provisions of article 4. 48 and 51 § 1 shall apply mutatis mutandis.



Article. 58. [Indemnity] the compensation referred to in article 2. 56, in the amount of salary for the notice period. In the case of termination of the employment contract concluded for a definite compensation in the amount of remuneration for the time, to which the contract was to take, but not more than for the period of notice.



Article. 59. [compensation in the case of futures contracts] in the event of termination by the employer of an employment contract concluded for a definite period in violation of the rules on resolving employment contracts without notice to the employee shall be entitled to compensation only if already the date by which the contract was to take, or when the restoration to work would be discouraged due to the short period remaining until the end of the term. In this case, compensation in the amount specified in the article. 58. Article. 60. [the solution during the period of notice] if the employer has terminated the employment contract during the period of notice in violation of the rules on resolving employment contracts without notice, the employee shall be entitled to compensation only. Compensation in the amount of remuneration for the time until the end of the period of notice.



Article. 61. [the application of the provisions of the Act] to an employee who has been granted compensation on the basis of the provisions of this section shall apply mutatis mutandis provision art. 51 § 2.



Division 6a Permission to the employer in the event of unjustified termination by the employee's contract of employment without notice Art. 611. [the claim employer] in the event of unjustified termination by the employee's contract of employment without notice pursuant to art. 55 section 11, the employer is entitled to claim for damages. Of the compensation court.



Article. 612. [compensation] § 1. The compensation referred to in article 2. 611, in the remuneration of the employee for the period of notice. In the case of termination of the employment contract concluded for a definite period, compensation in the amount of remuneration for the time, to which the contract was to take, but not more than for the period of notice.

§ 2. In the event of a decision by the Labour Court on compensation, the provision of art. 55 section 3 does not apply.



Article. 62. (repealed) branch 7 termination of employment Article. 63. [termination of employment] contract of employment shall cease in the cases referred to in the code and in specific legislation.



Article. 631. [the death of an employee] § 1. On the date of death of the employee's employment relationship.

§ 2. Property rights from employment pass after the death of the employee, in equal parts, to the spouse and the other person meeting the conditions required for obtaining a survivor's pension under the provisions of a pensions and pensions from the social insurance fund. In the absence of such people these rights fall into decline.



Article. 632. [the death of employer] § 1. On the death of the employer's employment contract with employees will expire, subject to the provision of § 3.

§ 2. The employee, whose employment contract has expired for the reasons set out in paragraph 1, shall be entitled to compensation in the amount of salary for the notice period.

§ 3. Provision of § 1 shall not apply in the event of a takeover by the new employer on the terms referred to in article 1. 231. Article. 64. (repealed) Article. 65. (repealed) Article. 66. [provisional arrest] § 1. The employment contract expires at the end of the 3 months absence at work due to temporary arrest, unless the employer has terminated the employment contract without notice in advance due to the fault of the employee.

§ 2. The employer, despite the expiry of the employment contract due to detention, is obliged to rehire the employee, if the criminal proceedings were discontinued or when fell imprisonments, and the employee has reported his return to work within 7 days after the decision has become final. The provisions of article 4. 48 shall apply mutatis mutandis.

§ 3. The provisions of paragraph 2 shall not apply where the criminal proceedings were discontinued because of the limitation or amnesty, as well as conditional does not proceed.



Article. 67. [a reference to the Labour Court] in the event of a breach by the employer the provisions of this section, the employee may appeal to the Labour Court. In respect of claims shall apply mutatis mutandis the provisions of Division 6 of this chapter.



Chapter IIa (repealed) Article. 671. (repealed) Article. 672. (repealed) Article. 673. (repealed) Article. 674. (repealed) Chapter IIb hiring workers in the form of telework Article. 675. [Working] § 1. The work can be performed on a regular basis outside of work, with the use of electronic means of communication within the meaning of the provisions on the provision of electronic services (teleworking).

§ 2. Telepracownikiem is an employee who performs work under the conditions laid down in paragraph 1 and shall transmit to the employer the results of work, in particular through electronic means of communication.



Article. 676. [conditions for the use of telecommuting] § 1. Conditions for the use of telework by the employer is determined in the agreement to be concluded between the employer and the works Union Organization, (a) where the employer operates more than one factory Union Organisation – in the agreement between the employer and those organizations.

§ 2. If it is not possible to agree on the content of the agreement with all the occupational trade union organizations, the employer shall seek the agreement of the trade union organizations representative within the meaning of article 3. 24125a. § 3. If, within 30 days from the date on which the employer's project agreement shall not come to the conclusion of an agreement in accordance with § 1 and 2, the employer shall determine conditions for the application of telework in the rules of procedure, taking into account the findings taken from the occupational trade union organizations in the course of the reconciliation agreement.

§ 4. If your employer does not operate company trade unions, conditions for the use of telework specifies the employer in the regulations, after consultation with the workers ' representatives selected in the mode adopted by the employer.



Article. 677. [the employment contract under the conditions of telework] § 1. Reconciliation between the parties to a contract of employment, that the work will be performed in the conditions laid down in article 4. 675, may occur: 1) at the conclusion of the contract of employment or 2) in the course of employment.

§ 2. If the arrangements concerning the exercise of the work in the form of telework occurs when concluding an employment contract, the agreement also sets out the procedures for the exercise of the work, in accordance with article 5. 675. § 3. In the course of employment change conditions for the implementation of the work, determined in accordance with article 4. 675, may be made by agreement of the parties, on the initiative of the employee or the employer. The employer shall, as far as possible, take account of the request of an employee for the performance of work in the form of telework.

§ 4. It is not permissible to entrust the performance of work in the form of telework on the basis of article. 42 § 4.



Article. 678. [request for cessation of work in the form of telework] § 1. Within 3 months from the date of the work in the form of telework, in accordance with article 5. 677 § 1 paragraph 2, either party may withdraw from a binding request for cessation of work in the form of telework and restore the previous conditions of work. Shall determine the date from which you will restore the previous conditions of work, no longer than 30 days from the date of receipt of the request.

§ 2. If the application telepracownika will be filed after the expiry of the deadline referred to in paragraph 1, the employer should, if possible, take account of this request.

§ 3. After the expiry of the period referred to in section 1 of the restoration by the employer to the previous conditions of work may take place pursuant to art. 42 § 1-3.



Article. 679. [termination in the form of telework] lack of consent of the employee to change work conditions, in the case referred to in article. 677 § 3 as well as the cessation of work in the form of telework on the principles referred to in article 1. 678, cannot constitute a reason justifying termination of the employment contract by the employer.



Article. 6710. [to work in the form of telework] § 1. If you work in the form of telework in accordance with art. 677 § 1, paragraph 1, the information referred to in article 1. 29 § 3, includes at least: 1) specify the organizational unit of the employer, in which structure is the workplace of telepracownika;

2) an indication of the person or authority referred to in article 1. 31, responsible for working with telepracownikiem and authorized to carry out checks at the place of work.

§ 2. In the case referred to in article 1. 677 § 1 paragraph 2, the employer shall communicate in writing telepracownikowi the information specified in § 1 paragraphs 1 and 2, no later than on the date of commencement of work by him in the form of telework.




Article. 6711. [Rules of teleworking] § 1. The employer is obliged to: 1) provide telepracownikowi equipment necessary to perform the work in the form of telework, which meets the requirements laid down in chapter IV of the tenth Department, 2) insure the equipment, 3) cover the costs associated with the installation, service, operation and maintenance of equipment, 4) provide telepracownikowi technical support and the necessary training in handling equipment, unless the employer and a telecommuter agreed otherwise in a separate agreement, referred to in § 2.

§ 2. Employer and a telecommuter may, in a separate agreement, specify, in particular: 1) the scope of the insurance and the use of rules by the telepracownika the equipment necessary to perform the work in the form of telework, owned by telepracownika, which satisfies the requirements laid down in chapter IV of the tenth Department;

2) communication policies for employers with telepracownikiem, including the manner in which the presence of telepracownika in the workplace;

3) the manner and form of control work by telepracownika.

§ 3. In the case referred to in § 2 paragraph 1, telepracownikowi are entitled to cash in the amount specified in the agreement or the regulations referred to in article 1. 676, or in the agreement referred to in paragraph 2. In determining the amount of the equivalent shall be taken into account, in particular, consumption norms of equipment, its documented market prices and the amount of material to the needs of employers and its market price.



Article. 6712. [data protection] § 1. The employer determines the principle of the protection of data transmitted to telepracownikowi and, where appropriate, walkthrough and training in this regard.

§ 2. A telecommuter shall confirm in writing to become acquainted with the principles of data protection, referred to in § 1, and is obliged to comply with them.



Article. 6713. [communication of the employer and telepracownika in the distance] a telecommuter and the employer shall communicate the information necessary for the mutual communication using electronic means of communication or similar measures of individual distance communication.



Article. 6714. [Control telepracownika in place of work], § 1. The employer has the right to control the execution of the work by telepracownika at the place of work.

§ 2. If the work is done in the House of telepracownika, the employer has the right to carry out inspection: 1) work, 2) for the purpose of inventory, maintenance, service or repair entrusted to the equipment, its installation, 3) in the field of health and safety at work – with the prior consent of telepracownika expressed in writing or by electronic means of communication, or similar measures of individual distance communication.

§ 3. The employer adjusts the manner in which the checks to the place of work and the nature of the work. Perform control activities may not violate privacy telepracownika and his family or impede the use of the household room, in accordance with their intended purpose.

§ 4. The first control, to the extent specified in § 2, paragraph 3, shall be carried out, at the request of telepracownika, before the start of work by him.



Article. 6715. [the prohibition of discrimination telepracownika] § 1. A telecommuter may not be treated less favourably in terms of establishing and termination of employment, conditions of employment, promotion and access to training to improve professional qualifications than other workers engaged in the same or similar job, taking into account differences related to conditions of work in the form of telework.

§ 2. He may not be in any way discriminated against because of the work in the form of telework, as well as a refusal to take such a job.



Article. 6716. [telepracownika Rights] the employer allows you to telepracownikowi, on the principles adopted for all employees on the workplace, contact with other employees and the use of the premises and equipment of the employer, of occupational social objects and activities.



Article. 6717. [obligations of the employer with respect to telepracownika] If the work is done in the House of telepracownika, the employer carries out to you, to the extent arising from the nature and terms of the work performed, the obligations set out in section 10, except for: 1) obligation to care for safe and hygienic condition of the premises of the work referred to in article 1. 212 paragraph 4;

2) the obligations laid down in chapter III of this chapter;

3) the obligation to ensure appropriate hygiene and sanitary devices referred to in article 1. 233. Chapter III of the employment relationship on the basis of the appointment, selection, appointment and a cooperative contract of employment section 1 the employment relationship on the basis of appointment Article. 68. [Establishing employment relationship] § 1. The employment relationship is based on the appointment in the cases specified in separate regulations.

§ 11. The employment relationship referred to in § 1, is for an indefinite period, and where, on the basis of the specific provisions of the employee was appointed for a specified period, the employment relationship is for the period covered.

§ 2. (repealed)



Article. 681. [competition] Vocation may be preceded by the competition, even if specific provisions did not provide for the requirement of a single candidate for the post of solely as a result of the competition.



Article. 682. [the term and the form of establishing an employment relationship] § 1. The employment relationship on the basis of the appointment is within the period specified in the appointment, and if this deadline is not specified-on the day of delivery, unless specific provisions stipulate otherwise.

§ 2. The appointment should be made in writing.



Article. 683. [the solution previous employment] if an employee appointed as a result of the contest remains in employment with another employer and applies it to the three-month notice period, it can resolve this ratio per probationer. Termination of employment in this mode involves the effects of the provisions of labour law involve termination of contract of employment by the employer with notice.



Article. 69. [the application of the provisions concerning employment contracts for an indefinite period] where the provisions of this section do not provide otherwise, to the employment relationship on the basis of appointment shall apply provisions of an employment contract for an indefinite period, with the exception of the provisions governing: 1) procedures for resolving employment contracts;

2) for examining the disputes from employment in the rule: a) the ineffectiveness of the denunciations, b) (repealed) (c)) on restoration to work.



Article. 70. [Appeal from] § 1. A worker employed on the basis of the appointment may be at any time – immediately or within a specified period is removed from Office by the authority which appointed it. This also applies to an employee who on the basis of specific provisions was appointed to the position for a specified period.

§ 11. Reference should be made in writing.

§ 12. The employment relationship with the employee dismissed from Office shall be dealt on the principles set out in the provisions of this Division, unless specific provisions stipulate otherwise.

§ 2. The reference is equivalent to the termination of the contract of employment. During the period of notice an employee has the right to compensation in the amount of exercise before the reference.

§ 3. The reference is equivalent to the termination of the contract of employment without notice, if the reasons referred to in article 1. 52 or 53.



Article. 71. [Employment during the period of notice] at the request of or with the consent of the employee, the employer may hire him during the period of notice for another job, because of his professional qualifications, and after the end of the period of notice to hire for the job and wage conditions agreed by the parties.



Article. 72. [Reference in exceptional cases] § 1. If the appeal occurred during the period of justified absence from work, notice begins after the end of that period. However, if justified by the absence lasts longer than the period provided for in article. 53 section 1 and 2, the authority which the employee called, may terminate the employment relationship without notice.

§ 2. In the event of reference employees during pregnancy, the body of the referencing entity is obliged to provide its other work, the appropriate due to her professional qualifications, for a period equal to the period of notice an employee has the right to compensation in the amount of exercise before the reference. However, if the employee does not consent to take another job, the employment relationship is terminated with the end of the period equal to the period of notice, which begins from the date of the offer in writing to the other work.

§ 3. Provision in § 2 shall apply mutatis mutandis in the event of an appeal, the employee, who is missing, not more than 2 years for entitlement to a retirement pension from the social insurance fund.

§ 4. In the event of a breach of the provisions of § 1-3, the employee may appeal to the Labour Court.



Section 2 the employment relationship on the basis of the choice of Article. 73. [employee] § 1. Establishing an employment relationship is based on if the choice stems the obligation to perform work as an employee.

§ 2. The employment relationship of choice fixes to the expiry of the mandate.




Article. 74. [Leave free] the employee in connection with the choice on unpaid leave has the right to return to work for an employer who employed him at the time of the selection, position equivalent in terms of salary from the previously occupied, if you raise your return within 7 days from the termination of employment. Failure to comply with this condition causes the termination of the employment relationship, unless there has been for reasons beyond the control of the employee.



Article. 75. [check in] to the employee that does not remain in connection with the choice on unpaid leave, is entitled to severance pay in the amount of one month's salary.



Division 3 the employment relationship on the basis of the appointment of the Article. 76. [Establishing the employment relationship on the basis of the appointment of] the employment relationship is based on the appointment in the cases specified in separate regulations.



Division 4 the employment relationship on the basis of a cooperative contract of employment Article. 77. [Establishing the employment relationship on the basis of a cooperative contract of employment] § 1. The employment relationship between the cooperative and a member reference is made by a cooperative contract of employment.

§ 2. The employment relationship on the basis of a cooperative contract of employment is governed by the law societies, and to the extent not regulated differently this Act shall apply mutatis mutandis the provisions of the labour code.



The THIRD DEPARTMENT salary and other benefits, chapter and determining the remuneration for work and other work-related benefits Article. 771. [collective] terms of remuneration for work and granting other work-related benefits, establish collective agreements, in accordance with the provisions of section 11, subject to the provisions of article 4. 772-775.



Article. 772. [rules of remuneration] § 1. Employer employing at least 20 employees not covered by collective agreement to share or ponadzakładowym collective work corresponding to the requirements specified in § 3, lays down the conditions and remuneration for work in terms of remuneration.

§ 2. In terms of the remuneration referred to in § 1, the employer may establish other benefits related to work and the principle of their award.

§ 3. Terms and conditions of remuneration applies to time entry for employees to share collective work or collective ponadzakładowym work fixing the conditions of remuneration for work and the granting of other work-related benefits to the extent and in such a way as to determine, on the basis of, individual contracts of employment.

§ 4. Terms and conditions of remuneration shall be the employer. If your employer does agree with the employer, trade union organisation works it terms of remuneration.

§ 5. To the rules of procedure of the remuneration shall apply mutatis mutandis the provisions of article 4. 239 section 3, art. 24112 § 2, art. 24113 and art. 24126 § 2.

§ 6. Terms and conditions of remuneration shall enter into force after two weeks from the date of giving it to the news staff, in the manner adopted on your employer.



Article. 773. [the budgetary Sphere] § 1. Conditions of remuneration for work and granting other work-related benefits for workers employed in the State budgetary sphere entities, if they are not covered by the collective work, shall determine, by regulation, to the extent an unreserved in other laws to the properties of the other bodies – the competent minister in the work at the request of the competent Minister.

§ 2. The date of entry into force of the collective agreement for employees of budgetary sphere entities State covered by this Agreement shall not apply the provisions of the regulation referred to in § 1.

§ 3. Regulation referred to in paragraph 1, shall in particular specify the conditions for determining and paying: 1) of the basic salary;

2) other outside consideration, components of legitimate especially specific characteristics or conditions of work, professional qualifications of employees, except that the height of the component, which the granting of the conditional will be the length of the period worked, unless the component is specified, do not exceed 20% of the basic salary;

3) other work-related benefits, including those that may be subject to periods of time worked by the employee; in particular, this may apply to award a one-time monetary clearance and Jubilee attributable to an employee whose employment is terminated in connection with the pension for incapacity for work or retirement.



Article. 774. (repealed) Article. 775. [refund of trip] § 1. Mobile worker on the employer's business job command outside the town, in which the Head Office of the employer, or in addition to a fixed place of work are entitled to royalties to cover the costs associated with business travel.

§ 2. The competent Minister work will determine, by regulation, the amount and terms of fixing royalties the rights worker, employed at the State or local government unit of the budgetary sphere, for a business trip within the country and outside the country. The regulation should in particular specify the height of the diet, taking into account the duration of the trip, and if you travel outside of the country – the currency in which they will be found diet and limit for individual countries, as well as the conditions for reimbursement of travel, accommodation and other expenses.

§ 3. The conditions for the payment of claims arising from the business trip to an employee employed with another employer than that referred to in paragraph 2 shall be determined in the collective agreement or terms and conditions of remuneration or in the contract of employment, if the employer is not covered by the collective work or is not obliged to determine the terms of remuneration.

§ 4. The provisions of the collective agreement, the terms of remuneration or employment contract cannot set diet for day trips within the country and outside the country in the amount lower than diet for a business trip within the country specified for the employee referred to in § 2.

§ 5. Where a collective labour agreement, the terms and conditions of remuneration or employment contract does not contain the provisions referred to in § 3, the employee is entitled to royalties to cover the costs of the trip, respectively, according to the provisions referred to in paragraph 2.



Section Ia salary Article. 78. [Criteria, rates of remuneration] § 1. Remuneration for work should be so determined to match and in particular the type of work performed and qualifications required for its implementation, as well as take into account the quantity and quality of work provided.

§ 2. In order to determine the remuneration for work is fixed, as provided for in article 1. 771-773, height and the rules for granting employees remuneration for the work of a particular kind of or on a specific position, as well as other (additional) components of remuneration, if they have been provided for in respect of particular work.



Article. 79. (repealed) Article. 80. [remuneration for work done] shall be entitled to Remuneration for work performed. For a time inactivity the employee retains the right to remuneration only if the provisions of employment law so provide.



Article. 81. [Downtime] § 1. The employee for failure to work, if he was willing to run it, and suffered obstacles for reasons related to the employer, shall be entitled to compensation arising from his personal classification, specific hourly or monthly, and if such remuneration has not been extracted in determining the conditions of remuneration – 60% of the salary. In any case, the remuneration cannot be lower than the amount of the minimum remuneration for work, established on the basis of separate provisions.

§ 2. The remuneration referred to in § 1 shall be entitled to an employee for the time due by him. If downtime occurred due to the fault of an employee shall not be entitled to remuneration.

§ 3. The employer may for downtime to entrust employee other appropriate work, that are entitled to the compensation provided for by this work, not less, however, than that determined in accordance with paragraph 1. If absence was due to the fault of the employee, the compensation provided for is only for work.

§ 4. Compensation for downtime caused by weather conditions are entitled to a worker employed by the work of addicts from these conditions, if the provisions of employment law so provide. In the case of entrusting to the employee for the duration of such downtime other work, entitled to remuneration provided for work, unless the provisions of labour law provide for the application of the principles set out in § 3.



Article. 82. [Culpable the defects in the performance of the products or services] § 1. Defective execution due to the fault of an employee shall not be entitled to remuneration for products or services. If as a result of flawed work done due to the fault of the employee, there has been a reduction in the quality of a product or service, the remuneration is appropriate.

§ 2. If the defect in the product or service has been removed by an employee, entitled to remuneration adequate to the quality of a product or service, except that the working time by removal of defects shall not be entitled to remuneration.



Article. 83. [labour standards] § 1. Labour standards, which is a gauge of effort, performance and quality, may be used if this is justified by the nature of the work.


§ 2. Labour standards shall be determined taking into account the achieved level of technology and work organization. Labour standards can be changed as far as the implementation of technical and organizational improvements to ensure increased productivity.

§ 3. Transcending labour standards does not constitute grounds for their changes, if it is the result of increased personal contribution to the work of the employee or his professional performance.

§ 4. To change the labour standards employees should be informed at least 2 weeks before the introduction of the new standard.



Chapter II protection of remuneration for work of Art. 84. [prohibition of waiver of right to remuneration] an employee cannot waive the right to remuneration or transferred this right to another person.



Article. 85. [the term salary] § 1. Payment of wages for the work shall be carried out at least once a month, in a constant and determined in advance.

§ 2. Salary payable once a month shall be paid from the bottom, immediately after finding out his full height, but not later than during the first 10 days of the next calendar month.

§ 3. If the fixed pay day wages is a non-working day, the remuneration shall be paid on the day before.

§ 4. Components of remuneration for work, the rights of the employee for periods longer than one month, shall be paid in arrears within the time limits set out in the provisions of the labour law.

§ 5. The employer, at the request of the employee, is obliged to provide access to documents on the basis of which has been calculated his compensation.



Article. 86. [Place and form of payment of wages] § 1. The employer is obliged to pay the remuneration at the place, date and time specified in the regulations or other provisions of labour law.

§ 2. Payment shall be made in the form of money; partial fulfillment of remuneration in a form other than cash is acceptable only if foreseen statutory provisions of labour law or collective agreement.

§ 3. The obligation to pay the remuneration can be met in any other way than to the hands of the employee, if so is the collective or the employee previously agrees to this in writing.



Article. 87. [deductions from wages] § 1. From wages-after deduction of social security contributions and tax income of individuals is deductible only the following charges: 1) sum of enforced under the titles of regulations to meet maintenance payments;

2) sum of the enforced under the titles of regulations to cover receivables other than maintenance payments;

3) cash advance granted to the worker;

4) the penalties provided for in art. 108. § 2. Deductions shall be made in the order given in § 1.

§ 3. Deductions may be made within the following limits: 1) if enforcement of maintenance payments-up to three-fifths of wages;

2) in the event of enforcement of other claims or withholding cash-up to half of the wages.

§ 4. The set-off referred to in § 1 point 2 and 3, may not in total exceed half the salary, and including the deductions referred to in § 1 paragraph 1 – three-fifths of remuneration. Regardless of these deductions penalty shall be deducted within the limits referred to in article 1. 108. § 5. The award of the prize fund, additional annual remuneration and rights of employees in respect of participation in profit or in the balance sheet surplus subject to execution to meet maintenance payments for the full amount.

§ 6. (repealed) § 7. From wages shall be deducted, in full, the amounts paid in the previous period of payment for the period of absence for which the employee does not retain the right to remuneration.

§ 8. Deductions from the salary of the duties of the employee in the month in which they are paid components of remuneration for periods longer than 1 month, of the total amount of compensation which takes account of these components of remuneration.



Article. 871. [amount of free from deductions] § 1. Free from deductions is the amount of the remuneration for work in the amount of: 1) minimum wage, established on the basis of separate provisions of workers employed on a full-time basis, after deduction of social security contributions and advances on income tax from natural persons – by implementing titles enforced totals withhold taxable by treaty to cover receivables other than maintenance payments;

2) 75% of the salary referred to in paragraph 1-by withholding money awarded to an employee;

3) 90% of the salary referred to in paragraph 1 – withhold taxable by Treaty of fines provided for in article 4. 108. § 2. If an employee is employed on a part-time basis, the amounts referred to in paragraph 1 are reduced in proportion to the time dimension.



Article. 88. [Deduction for maintenance] § 1. The principles referred to in article 1. 87 deductions to meet the maintenance, the employer shall be made without the enforcement procedure, except in cases where: 1) maintenance to be deducted for the benefit of several creditors, and the total amount that can be deducted is not sufficient to fully cover all maintenance duties;

2) remuneration for work has been busy in judicial enforcement or administrative.

§ 2. The deductions referred to in § 1, the employer shall be made at the request of a creditor on the basis of the submitted by the writ.



Article. 89. (repealed) Article. 90. [the application of the provisions of the code of civil procedure and administrative enforcement] in matters not provided for in art. 87 and 88 shall apply mutatis mutandis the provisions of the code of civil procedure and rules of administrative enforcement of cash benefits.



Article. 91. [the employee's Consent to the deduction] § 1. Charges other than those mentioned in article 2. 87 § 1 and 7 may be deducted from the salary of the employee only with his consent expressed in writing.

§ 2. In the cases referred to in § 1 free from deductions is the amount of the remuneration for work in the amount of: 1) referred to in article 1. 871 § 1 paragraph 1 – withhold taxable by treaty claims for an employer;

2) 80% of the amount referred to in article 1. 871 § 1 paragraph 1 – withhold taxable by treaty other charges than those referred to in paragraph 1.



Chapter III benefits during the period of temporary incapacity for work of Art. 92. [remuneration for the period of incapacity for work] § 1. By the time of incapacity to work due to: 1) disease or detention in connection with an infectious disease-ongoing total to 33 days in a calendar year, (a) in the case of an employee who has completed 50 years of age – which lasted a total of up to 14 days in a calendar year-the employee retains the right to 80% of the salary, unless the applicable employer's law work provide for higher remuneration;

2) accident on the way to work or from work or illness attributable during pregnancy – in the period referred to in paragraph 1-the employee retains the right to 100% of the salary;

3) undergo necessary medical examinations for candidates for donors of cells, tissues and organs and have download the cells, tissues and organs – during the period referred to in paragraph 1-the employee retains the right to 100% of the salary.

§ 11. (repealed) § 2. The remuneration referred to in § 1, shall be calculated according to the rules applicable in determining the calculation basis for sickness benefits and pay for each day of incapacity for work, including holidays.

§ 3. The remuneration referred to in § 1:1) is lower in the case of limitations of the calculation basis of sickness;

2) is not entitled, in cases where the employee is not entitled to sick pay.

§ 4. By the time incapacity for work referred to in § 1, which lasted a total of more than 33 days in a calendar year, (a) in the case of an employee who has completed 50 years of age, which lasted a total of more than 14 days in a calendar year, the employee is entitled to sick on the terms specified in separate regulations.

§ 5. The provisions of § 1 paragraph 1 and § 4 in the section on an employee who has completed 50 year life, relate to the inability of the employee to work per after the calendar year in which the employee completed 50 years of age.



Chapter IIIa check-in annuity or pension Article. 921. [check-in pension or annuity] § 1. An employee who complies with the conditions for entitlement to a survivor's pension for incapacity for work or retirement, which the employment relationship is terminated in connection with pension or retirement pension, shall be entitled to severance pay money one month's salary.

§ 2. An employee who has to check in, may not acquire the rights to it.



Chapter IV death Clearance Article. 93. [posthumous Clearance] § 1. In the event of death of the employee for the duration of the employment relationship or in download time after its termination allowance for incapacity for work due to illness, the family is entitled from the employer check-in death.

§ 2. Height clearance referred to in § 1, depends on the period of employment of an employee of the employer and shall be: 1)-month salary if the employee has been employed for less than 10 years;


2) three-month salary if the employee has been employed for at least 10 years;

3) six-month salary if the employee has been employed for at least 15 years.

§ 3. Provision of art. 36 § 11 shall apply mutatis mutandis.

§ 4. Posthumous clearance, to the following family members of an employee: 1) the spouse;

2) other family members meeting the conditions required for obtaining a survivor's pension under the provisions of a pensions and pensions from the social insurance fund.

§ 5. Posthumous clearance is divided in equal parts between all eligible family members.

§ 6. If a deceased worker remained only one family member entitled to posthumous clearance, have him check-in of half of the amount referred to in paragraph 2.

§ 7. Posthumous clearance shall not be entitled to family members referred to in paragraph 4, if the employer shall insure the employee's life, and the compensation paid by the insurance institution is not less than the posthumous clearance the possibility in accordance with § 2 and 6. If the compensation is less than the posthumous clearance, the employer is obliged to pay the difference between the amount of family benefits.



The FOURTH DIVISION of Responsibilities of the employer and employee and employer Obligations Section of article. 94. [basic obligations of employer] the employer is obliged in particular: 1) representatives of workers taking up a job with the scope of their duties, work in designated positions, and their fundamental rights;

2) organize work in a way that ensures full use of working time, as well as the achievement by the staff, using their talents and skills, high performance and satisfactory quality;

2A) organize work in such a way as to reduce the nuisance, especially monotonous and work within the top speed;

2B) to counteract discrimination in employment, in particular on grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, and also because of employment for a definite or indefinite period or full-time or part-time;

3) (repealed) 4) provide a safe and healthy working conditions and lead the systematic training of employees in occupational safety and health;

5) timely and properly pay the salary;

6) help employees raising professional qualifications;

7) pose to employees taking employment after graduating from high school, leading vocational training or higher education conditions to adapt to the sound performance of work;

8) serve as means of social needs of workers;

9) use objective and fair criteria for the assessment of employees and the results of their work;

9A) keep records in matters relating to the employment relationship and personal file;

9B) keep a record on matters related to the employment relationship and personal file workers in conditions of niegrożących damage or destruction;

10) affect the evolution of workplace rules of social conduct.



Article. 941. [basic obligations of employer] the employer provides employees with the text of the provisions on equal treatment in employment in the form of the written information to widespread on the site work or provides employees access to the provisions otherwise adopted at your employer.



Article. 942. [information] the employer is obliged to inform in a way accepted in your employers about employment opportunities for full-time or part-time work and fixed-term workers-about job vacancies.



Article. 943. [obligation to counteract mobbingowi] § 1. The employer is obliged to prevent mobbingowi.

§ 2. Mobbing means the actions or behavior related to the employee or directed against an employee, consisting of persistent and prolonged harassment or intimidation of an employee, causing him to evaluate for a very underestimated profession, or to humiliate or ridicule an employee isolating it or eliminate from the team.

§ 3. The employee, in which the bullying provoked upset health, can recover from the employer the appropriate sum of money in compensation for the harm suffered.

§ 4. A worker who, as a result of mobbing has terminated the employment contract, the employer has the right to claim compensation in the amount of not less than the minimum salary shall be determined on the basis of separate provisions.

§ 5. A statement of the employee to terminate a contract of employment should be made in writing stating the reasons referred to in paragraph 2, to justify the termination.



Article. 95. (repealed) Article. 96. (repealed) Article. 97. [employment] § 1. In connection with the termination or expiry of the employment relationship, the employer shall immediately give the employee a certificate of employment. The issue of a certificate may not be made subject to the prior settlement to an employee from the employer.

§ 11. If the employee remains in employment with the same employer under a contract of employment concluded for a trial period or a work contract concluded for a specified period, the employer shall give the employee a certificate of employment including completed periods of employment on the basis of such contracts concluded during the period of 24 months from the date of the conclusion of the first of those agreements.

§ 12. Certificate of employment seems to be the date of expiry of the period referred to in section 11. However, if the termination or expiry of the employment contract committed within 24 months is after the expiry of that period, certificate of employment seems to be on the day of the termination or expiration of this agreement.

§ 13. The employee referred to in section 11 may at any time request the issue of a certificate work in connection with the termination or expiry of the contract of employment referred to in that provision or certificate to work for the total period of employment on the basis of such contracts, the following before submitting a request for the issue of a certificate. The employer is obliged to issue a certificate within 7 days from the date of submission of a written request by the employee.

§ 2. In the work, you must provide information about the period and the type of work performed, occupied posts, the solution or the circumstances of the expiry of the employment relationship, as well as other information necessary to determine the powers of the labour and social security entitlements. In addition, the certificate of working shall contain the mention of the occupation of remuneration for work under the provisions of the enforcement proceedings. At the request of the employee in the work, you must provide information on the amount and components of remuneration, and obtained the qualification.

§ 21. The employee may, within 7 days of receipt of the work certificate request to the employer for the rectification of the certificate. In the event of the failure of the application to an employee shall be entitled, within 7 days from the notification of the refusal of the rectification work certificate, the right instance requested its rectification to the Labour Court.

§ 3. If the decision of the Labour Court, it appears that the solution with a contract of employment without notice from his fault was in breach of the provisions of resolution in this mode of employment contracts, the employer shall post the certificate work that the termination of employment occurred by notice by the employer.

§ 4. Minister of labour and social policy [2] shall determine, by regulation, the detailed content of the certificate of work and the manner and mode of its issue and straightening.



Article. 98. (repealed) Article. 99. [Release date or release the wrong certificate] § 1. The employee is entitled to a claim for compensation for the damage suffered by the employer as a result of any within or to the wrong certificate.

§ 2. The compensation referred to in § 1, shall be in the amount of remuneration for time out of work because of this, no longer than 6 weeks.

§ 3. (repealed) § 4. The decision on compensation in connection with the release of the wrong certificate of work shall give rise to the changes.



Chapter II obligations of the employee Art. 100. [basic obligations employee] § 1. The employee is obliged to perform work conscientiously and carefully, and follow the commands of his superiors, that apply to the work, if they are not in conflict with the law or a contract of employment.

§ 2. The employee is obliged in particular: 1) working time established in the workplace;

2) comply with the staff rules and established at the plant work order;

3) comply with the provisions and the principles of safety and health at work, as well as fire regulations;

4) take care of the welfare of the workplace, protect his property and keep secret information, the disclosure of which might jeopardize the employer;

5) secrecy specified in separate regulations;

6) comply with workplace rules of social conduct.



Article. 101. (repealed) Chapter IIa prohibition of competition


Article. 1011. [competition ban for the duration of the employment relationship] § 1. Within the range specified in a separate agreement, you may not operate a competitive employer or provide work in the framework of an employment relationship or on another basis for the entity carrying out such activities (prohibition of competition).

§ 2. An employer who has suffered damage as a result of a breach by employee non-competition provided for in the agreement, can recover from an employee redress the damage on the principles set out in the provisions of the chapter and in Chapter five.



Article. 1012. [competition ban after termination of employment] § 1. Provision of art. 1011 § 1 shall apply mutatis mutandis where the employer and the employee with access to important information, which could expose the employer to the detriment of, contain non-competition agreement after termination of employment. The agreement is also the period of prohibition of competition and the amount of compensation payable to the worker from the employer, subject to the provisions of § 2 and 3.

§ 2. The prohibition of competition referred to in § 1, shall cease to have effect before the expiry of the period for which the contract has been concluded as provided for in that provision, in the event of the removal of the cause of justifying such a prohibition or breach the employer from the obligation to pay compensation.

§ 3. The compensation referred to in § 1 may not be less than 25% of the salary received by the staff member before leaving the work for a period corresponding to the duration of the prohibition of competition; compensation may be paid in monthly installments. In the event of a dispute about the compensation of court work.



Article. 1013. [written form contracts] Agreement, referred to in article 1. 1011 § 1 and article. 1012 § 1, require the written form under the pain of nullity.



Article. 1014. [relationship to the provisions of the separate] chapter does not violate the prohibition of competition provided for in separate legislation.



Chapter III professional qualifications of workers Article. 102. [Fixing of professional qualifications] professional qualifications of staff required to perform certain types of work or on a particular position can be determined in the provisions of the labour law provided for in article 4. 771-773, in terms of unregulated by specific legislation.



Article. 103. (has power) Art. 1031 [Raising professional qualifications by an employee] § 1. By raising the professional qualification means the acquisition or replenishment of knowledge and skills by the employee, at the initiative of the employer or with his consent.

§ 2. Employee podnoszącemu professional qualification are entitled to: 1) educational leave;

2) exemption from all or part of the work day, for the time necessary to arrive to arrive on mandatory activities and on their duration.

§ 3. For the time of the training leave and for exemption from all or part of the work day, the employee retains the right to remuneration.



Article. 1032. [Dimension training leave] § 1. Educational leave, as referred to in article. 1031 § 2, paragraph 1, shall be in terms of: 1) 6 days – for employees joining the exams of 3rd party;

2) 6 days – for employees joining the matriculation exam;

3) 6 days – for employees joining the examination confirming vocational qualifications;

4) 21 days in the last year of study – on the preparation of the thesis and the preparation of and accession to the exam itself.

§ 2. Training leave be granted in days, which are days for work, in accordance with it the distribution of working time.



Article. 1033. [additional benefits for the employee of the lifting of professional competence] an employer may grant an employee podnoszącemu professional qualifications of the additional benefits, in particular to cover fees for education, travel, and accommodation.



Article. 1034 [agreement between the employer and employee is raising professional qualifications] § 1. The employer provides to an employee raising professional qualification agreement setting out mutual rights and obligations of the parties. This agreement shall be in writing.

§ 2. The agreement referred to in paragraph 1, may not contain provisions less favourable to the employee than the provisions of this chapter.

§ 3. There is no obligation to conclude the agreement referred to in paragraph 1, if the employer does not intend to require the employee to remain in employment after graduating from professional qualifications.



Article. 1035. [reimbursement of costs incurred by the employer on the upgrading professional skills by employee] Employee raising professional qualifications: 1) who, without good cause fails to raise professional qualifications or break raising these qualifications, 2) with which the employer solve the employment relationship without notice of his guilt, in the course of raising professional qualifications or after its completion, within the period specified in the agreement referred to in article 1. 1034, not more than 3 years, 3) that during the period referred to in paragraph 2 solve the employment relationship by notice, with the exception of termination of employment with the grounds referred to in article 1. 943, 4) that during the period referred to in paragraph 2 solve the employment relationship without notice pursuant to art. 55 or article. 943, despite the lack of reasons set out in those provisions – is obliged to reimbursement of costs incurred by the employer for the purpose of further benefits, in proportion to the period of employment after the completion of raising professional qualifications or period of employment at the time of their lifting.



Article. 1036 [privileges employee zdobywającemu or complementary knowledge and skills on other rules] Employee zdobywającemu or complementary knowledge and skills on principles other than those referred to in art. 1031 – 1035, may be awarded: 1) exemption from all or part of the working day without the right to remuneration, 2) unpaid leave – in the dimension set out in the agreement to be concluded between the employer and employee.



Chapter IV rules of work of Art. 104. [rules of procedure] § 1. Work regulations shall determine the Organization and order in the process of work and the related rights and obligations of employers and employees.

§ 2. Staff rules shall be introduced, if to the extent provided for in § 1 shall apply the provisions of the collective agreement, or where the employer has fewer than 20 employees.



Article. 1041 [terms] paragraph 1. Work regulations, specifying the rights and obligations of employers and employees related to workplace policy, should establish, in particular: 1) Organization of work, the conditions at the workplace during working hours and after its completion, workers in the tools and materials, as well as clothing and footwear and in personal protection and personal hygiene;

2) systems and working time schedules and the periods of working time;

3) (repealed) 4) time of night;

5) date, place, time and frequency of payment;

6) lists the work wzbronionych workers adolescents and women;

7) types of work and the list of workstations allowed employees of adolescents for the purposes of vocational training;

7A) the list of light work permitted employees of juvenile employment in other than professional background;

8) obligations concerning health and safety at work and fire protection, including how to inform employees about the risk, which is associated with their work;

9) adopted in your employer the manner in which the staff arrival and presence at work and justify absences.

§ 2. Regulations should contain information on the penalties to be applied in accordance with art. ordinal liability 108 employees.



Article. 1042. [Agreeing terms] paragraph 1. Work regulations shall determine the employer in agreement with the trade union organization works.

§ 2. If was not agreed upon the terms of work with factory Union Organization within the specified by the parties to date, and also in the case when the employer does not work a trade organization working terms and conditions, the works shall be the employer.



Article. 1043. [entry into force] § 1. Work regulations shall enter into force after 2 weeks from the date of giving it to the news staff, in the manner adopted on your employer.

§ 2. The employer shall review the employee of the terms work before allowing it to work.



Article. 1044. (repealed) chapter V, Article prizes and awards. 105. [conditions for granting] Employees who, through exemplary to fulfil their duties, holding the initiative in work and raise its productivity and quality contribute especially to carry out the tasks of the plant, may be awarded prizes and awards. A copy of the notice of grant awards or awards shall be submitted to the personal file of the employee.



Article. 106. (repealed) Article. 107. (repealed) Chapter VI liability of the ordinal employees Art. 108. [Catalogue of penalties] § 1. For non-compliance by the employee organization established and order in the process of work, occupational safety and health legislation, regulations, and also adopted the way of confirmation of arrival and presence at work and justify absence from work, the employer may apply: 1) penalty strike;

2) punishment of a reprimand.


§ 2. For failure to comply with the employee provisions of the occupational safety and health or fire regulations, leave work without justification, to come to work drunk or drinking alcohol during working hours-the employer may also apply the penalty.

§ 3. Penalty for one overrun, and for each day of Unexcused absences may not be higher than the one-day salary of the employee, and including penalty may not exceed the tenth part of the remuneration per worker to pay, after deductions referred to in article 1. 87 § 1 paragraphs 1-3.

§ 4. The proceeds from the fines be allocated to improving the conditions of health and safety at work.



Article. 109. [penalty] § 1. The penalty may not be applied after 2 weeks of receiving the news of the breach of the obligation to staff regulations and after 3 months of admission to this violation.

§ 2. The penalty may be applied only after hearing the employee.

§ 3. If, by reason of the absence in the workplace may not be heard, the course of the two-week period provided for in § 1 does not start, and the started is suspended until the date of appearance of the employee to work.



Article. 110. [notice the employee] of the punishment, the employer shall notify the employee in writing, indicating the nature of the breach of labour and the date of release by the employee this violation and informing him on the law of the notice of objection and the date of its filing. A copy of the notice shall be submitted to the personal file of the employee.



Article. 111. [Factors taken into account in the application of penalties] in applying the penalties take into account in particular the kind of breach of the obligations, the degree of fault of the employee and his current attitude to work.



Article. 112. [the application of punishment in violation of the law], § 1. If the penalty was in violation of the law, the employee may, within 7 days from the date of notification to it of punishment to object. To include or reject the opposition decides an employer after considering the position of representing the employee trade union organization of the works. Of a dominant opposition within 14 days from the date of its filing is synonymous with taking into account the objection.

§ 2. An employee who has lodged a notice of opposition, may, within 14 days from the date of notification of the rejection of this objection, apply to the Court to set aside the work applied to the penalty.

§ 3. If you take into account the objection to the penalty or abolish this penalty by the Labour Court, the employer is obliged to pay the employee the equivalent of the amount of the penalty.



Article. 113. [bridge the penalty] § 1. The penalty shall be deemed to be void, and a copy of the notice of punishment removes from the personal file of the employee after a year of impeccable work. The employer may, on its own initiative or at the request of the representative trade union organisations considered, the factory worker penalty for void before the expiry of that period.

§ 2. Provision of § 1, first sentence, shall apply mutatis mutandis in the event include the objection by the employer or the labour court decision on revocation of the sentence.



Article. 1131. (repealed) SECTION FIFTH financial responsibility of employees Chapter and the responsibility of an employee for damage caused to the employer's Article. 114. [Wine employee] an employee who as a result of non-performance or improper performance duties for his guilt caused the employer for damage, material responsibility according to the rules set out in the provisions of this chapter.



Article. 115. [limits of responsibility] Employee is liable for damage within the limits of the actual loss suffered by the employer and only for the normal consequences of acts or omissions which resulted the injury.



Article. 116. [burden of proof] the employer shall demonstrate the circumstances justifying the responsibility of the employee and the amount of damage caused.



Article. 117. [limitation of liability of the employee] § 1. The employee is not liable for damage to the extent that the employer or other person contributed to its creation or increase.

§ 2. An employee does not accept the risks associated with the activities of employers and, in particular, shall not be liable for damage sustained in connection with the activity within the limits of acceptable risk.

§ 3. (repealed)



Article. 118. [harm by several workers] in the event of injury by several workers each are responsible for part of the damage according to contribute to it, and the degree of guilt. If it is not possible to determine the degree of guilt of each employee and to contribute to the damage, they shall be in equal shares.



Article. 119. [compensation] Compensation shall be caused injury, however, it cannot exceed the amount of three months ' salary of the employee on the date of the injury.



Article. 120. [damage a third party] § 1. In the event of cause by an employee in the performance of duties by the injury to a third party, obliged to repair the damage is the only employer.

§ 2. To an employer who repaired the damage caused to a third party, the employee's liability laid down in the provisions of this chapter.



Article. 121. [the settlement] § 1. If compensation is based on agreement between the employer and the employee, the compensation can be reduced, taking into account all the circumstances of the case and, in particular, the degree of fault and its relation to job descriptions.

§ 2. Taking into account the circumstances listed in section 1 of the compensation may also be reduced by the Labour Court; This also applies to cases where compensation is based on a court settlement.



Article. 1211 [non-execution of the agreement by the employee] § 1. In the event of non-performance of a settlement by an employee, it is subject to execution in the provisions of the code of civil procedure, once its enforceability by the Labour Court.

§ 2. The Labour Court will refuse to give enforceability settlement, if it determines that it is in conflict with the law or the principles of community life.



Article. 122. [damages the full amount] if an employee intentionally caused damage shall be obliged to compensate in full.



Article. 123. (repealed) chapter II responsibility for the property entrusted to the employee Art. 124. [Liability in full] § 1. The employee, entrusted with the obligation to return or to enumerate: 1) money, securities or valuables, 2) tools and instruments or similar items, as well as personal protective equipment and clothing and footwear, is responsible in full for the damage caused in this property.

§ 2. The employee is responsible in full also for damage to property other than those mentioned in § 1, entrusted him with the obligation to return or to enumerate.

§ 3. From the responsibility referred to in § 1 and 2 of the employee can be free, if it proves that the damage occurred for reasons beyond his control, and in particular as a result of failure by the employer to the conditions for protection of entrusted property.



Article. 125. [Joint financial responsibility] § 1. On the principles referred to in article 1. 124 employees can accept shared responsibility for material property entrusted to them, including the responsibility of the enumeration. The basis of the total entrustment of property is the contract for the shared responsibility of material, concluded in writing by the employees of the employer.

§ 2. Employees having shared responsibility material correspond to the proportions laid down in the contract. However, if you determine that the damage in whole or in part, was caused by some workers, for all damage or appropriate part correspond to the only offender.



Article. 126. [Delegation] § 1. The Council of Ministers shall determine by regulation the scope of and detailed rules for the application of the provisions of article 4. 125 and the total delegation property.

§ 2. The Council of Ministers, by regulation, may determine the conditions for liability for damage to property, referred to in article 2. 124 § 2 and art. 125:1) in a limited amount, fixed by this regulation;

2) under the conditions laid down in article 4. 114-116 and 118.



Article. 127. [the application of the provisions of the Act] to the liability referred to in article 1. 124-126 shall apply mutatis mutandis the provisions of article 4. 117, 121, 122 and 1211.



SECTION the SIXTH Time work chapter I General provisions Art. 128. [the definition of working time] § 1. Working time is the time in which the employee remains at the disposal of the employer in the workplace or in another place designated to perform the work.

§ 2. Whenever in the rules Department is talking about: 1) shift work-must be understood to perform the work according to the established working time arrangements providing for a change of time of work by each of workers after a specified number of hours, days, or weeks;

2) employees managers on behalf of the employer's workplace should be understood workers in charge of single workplace and their deputies or employees within the collegial management body and the main workplace.

§ 3. For the purposes of the clearance of the working time of the employee:


1) by night – should be understood as 24 consecutive hours starting from the time, in which the employee starts to work in accordance with it the distribution of working time;

2) for a week-you should understand 7 consecutive calendar days, commencing on the first day of the billing period.



Chapter II Standards and general working time Article. 129. [period] § 1. Working time may not exceed 8 hours per day and an average of 40 hours in an average of five days a week of work in the tax period not exceeding 4 months, subject to article 22. 135-138, 143 and 144.

§ 2. In any system of working time if this is justified by objective reasons or technical or concerning the organisation of work, billing period may be extended, but not more than 12 months, while keeping the General principles relating to the protection of the safety and health of workers.

§ 3. The distribution of working time of an employee can be done – in writing or by electronic means – for a period of less than the tax period, covering, however, at least 1 month. The employer passes the employee distribution of working time at least 1 week before the start of the work during the period for which it was drawn up this resolution.

§ 4. The employer is not obliged to draw up working time if: 1) the distribution of working time of employee derives from the labour law, the notice referred to in article 2. 150 § 1, or from a contract of employment;

2) in consultation with the employee will determine the time necessary to perform the tasks assigned to it, having regard to the working time resulting from the standards referred to in paragraph 1; in this case, the distribution of working time shall be a worker;

3) at the written request of the employee applies to the working time schedules, referred to in article 1. 1401;

4) at the written request of the employee finds him individual distribution of working time.

§ 5. If in a given month, due to the distribution of working time in the pay period, the employee is not required to perform work, entitled to remuneration in the amount not less than the minimum salary shall be determined on the basis of separate regulations; in the case of a worker employed on a part-time basis the amount of this remuneration shall be determined in proportion to the time dimension.



Article. 130. [calculation of working time] § 1. The existing employee working time in the adopted settlement period, determined in accordance with article 5. 129 § 1, shall be calculated: 1) by multiplying 40 hours by the number of weeks per billing period, and then 2) adding to the number of hours the product of 8 hours and the number of days remaining until the end of the accounting period, from Monday to Friday.

§ 2. Each holiday occurring during the tax period and payable in another day than Sunday reduces the working time of 8 hours.

§ 21. (has power) § 3. Working time of the employee in the pay period, determined in accordance with article 8. 129 § 1, in this period, reduce the number of hours justified absence from work, to be worked during this absence, in accordance with the adopted schedule of working time.



Article. 131. [weekly working time] § 1. Weekly working time including overtime cannot exceed an average of 48 hours in the billing period.

§ 2. The restriction provided for in paragraph 1 does not apply to workers on behalf of the employer's workplace.



Chapter III rest periods Article. 132. [the right to rest] § 1. The employee is entitled in each age the right to at least 11 hours of uninterrupted rest, subject to paragraph 3 and article. 136 § 2 and art. 137. § 2. Provision in § 1 shall not apply to: 1) managing executives on behalf of the employer's workplace;

2) cases having to conduct rescue action in order to protect human life or health, security or the environment or fault.

§ 3. In the cases referred to in § 2, the employee is entitled, during the tax period, an equivalent period of rest.



Article. 133. [Rest] § 1. The employee is entitled to each week the right to at least 35 hours of uninterrupted rest, including at least 11 hours of uninterrupted rest daily.

§ 2. In the cases referred to in article 1. 132 § 2 and in the case of a change of time of work by the employee as a result of his move to another change, in accordance with a fixed schedule of working time, weekly rest undisturbed may include fewer hours, cannot, however, be less than 24 hours.

§ 3. Rest referred to in § 1 and 2, should be on Sunday. Sunday includes 24 consecutive hours, ranging from 600 on that date, unless the employer has been fixed another time.

§ 4. In the cases permitted work on Sunday rest referred to in § 1 and 2, may be another day than Sunday.



Article. 134. [the right to a break] if the daily working time of an employee is at least 6 hours, the employee is entitled to work stoppages lasting at least 15 minutes, reflected the working time.



Chapter IV systems and schedules of working time Article. 135. [System equivalent of working time] § 1. If this is justified by the nature of the work or its organization, it can be used system equivalent of working time, in which it is permissible to extend daily working hours, but not more than 12 hours, during the tax period not exceeding 1 month. Extended daily working time is balanced a shorter daily dimension of working time in some days or holidays.

§ 2. In particularly justified cases, the period referred to in paragraph 1 may be extended, but not more than 3 months.

§ 3. The addicts to the season or weather conditions the tax period referred to in paragraph 1 may be extended, but not more than 4 months.



Article. 136. [Supervision devices] § 1. Work involving or related devices, experienced autonomously partial staying signed in ready to work can be used system equivalent of working time, in which it is permissible to extend daily working hours, but not more than 16 hours during the tax period not exceeding 1 month.

§ 2. On working time, referred to in § 1, the employee is entitled, immediately after each period of work extended 24 hours time, rest for the duration of at least the number of hours worked, regardless of the rest provided for in article 8(2). 133. Article. 137. [Employment in guarding property or the protection of the people] To employees employed by guarding property or the protection of people, as well as employees of the company firefighters and on-site emergency can be used system equivalent of working time, in which it is permissible to extend daily working time up to 24 hours, during the tax period not exceeding 1 month. The provisions of article 4. 135 § 2 and 3 and article. 136 § 2 shall apply mutatis mutandis.



Article. 138. [working in continuous movement] § 1. At work, that due to the production technology cannot be stopped (continuous operation), it can be used a system of working time, in which it is permissible to extend working time to 43 hours on average on a weekly basis during the tax period not exceeding 4 weeks and one day some weeks during this period, the daily working time may be extended for up to 12 hours. For every hour of work over 8 hours a day on work in the extended time the employee shall be entitled to an allowance to the remuneration referred to in article 2. 1511 § 1 point 1.

§ 2. Provision of section 1 shall apply also in the case when the work cannot be delayed due to the need to continuously meet the needs of the population.

§ 3. In the cases referred to in § 1 and 2 of the applicable employee working time in the adopted settlement period shall be calculated: 1) by multiplying 8 hours by the number of calendar days per billing period, excluding Sundays, holidays and non-working days arising from the working time in an average of five days per week, and then 2) adding to the received number of number of hours corresponding to the employer's sustained week training dimension of the working time.

§ 4. The number of hours corresponding to the employer's sustained week training dimension of the working time may not exceed 4 hours per week of the tax period in which the extension of the working time.

§ 5. The provisions of article 4. 130 § 2, second sentence, (3) and § 3 shall apply mutatis mutandis.



Article. 139. [System intermittent working time] § 1. If this is justified by the nature of the work or its organization, it can be used system intermittent working time according to predetermined distribution providing for no more than one break a day, lasting no longer than 5 hours. Breaks are included in the working time, however, for the time this interruption to an employee shall be entitled to remuneration amounting to half of the remuneration for the downtime.

§ 2. System intermittent working time does not apply to an employee covered by the working time system referred to in article 2. 135-138, 143 and 144.


§ 3. System intermittent working time is introduced in the collective agreement or agreement with the factory Union Organization, and if your employer does not work the works trade union organisation – in consultation with employees ' representatives selected in the mode adopted by the employer, subject to § 4.

§ 4. With the employer who is a natural person, established in the field of agriculture and breeding, in which the works Union Organization does not work, the system intermittent working time can be used under a contract of employment. The employee shall be entitled to compensation for time, referred to in § 1, if this is due to the contract of employment.

§ 5. If it is not possible to agree on the content of the agreement, referred to in § 3, with all the occupational trade union organizations, the employer shall seek the agreement of the trade union organizations representative within the meaning of article 3. 24125a article. 140. [System task force of working time] in justified cases a type of work or her organization or place of work can be used system task force. The employer, after consultation with the employee, determine the time necessary to perform the tasks assigned to it, having regard to the working time resulting from the standards referred to in article 5. 129. Article. 1401. [the distribution of working time] § 1. The distribution of working time may provide different hours to start in days, which, in accordance with this schedule are for staff work days.

§ 2. The distribution of working time may provide for an interval of time in which the employee decides at commencement of employment on the day, which, in accordance with the timetable is for the employee's work day.

§ 3. To perform the work in accordance with the schedules of working time, referred to in § 1 and 2, may not violate the rights of the worker to rest referred to in article 2. 132 and 133.

§ 4. In work time schedules referred to in § 1 and 2, work in the same era is not work overtime.



Article. 141. [layout] section 1. The employer may make one break at work niewliczaną the working time in a dimension not exceeding 60 minutes, for the consumption of a meal or settle personal matters.

§ 2. A break in the work referred to in paragraph 1 shall be in the collective agreement or terms and conditions or in the contract of employment, if the employer is not covered by the collective work or is not obliged to determine the terms and conditions of work.



Article. 142. [Individual distribution of working time] at the written request of the employee, the employer may determine an individual breakdown of his working time in the framework of the system of working time, the employee is covered.



Article. 143. [System of reduced work week] at the written request of the employee can be used system reduced the work week. In this system is acceptable performance of work by the employee for less than 5 days in a week, while at the same time to extend daily working time, no more than 12 hours, during the tax period not exceeding 1 month.



Article. 144. [extension of the daily working time] at the written request of the employee can be used work time system, in which the work is provided only on Fridays, Saturdays, Sundays and public holidays. In this system is acceptable to extend daily working time, but not more than 12 hours, during the tax period not exceeding 1 month.



Article. 145. [Reduction of working time] § 1. The shortening of working time under the standards referred to in article 5. 129 § 1 for workers employed in conditions particularly onerous or especially harmful to health may rely on the establishment of the rest to be counted to the working time, or a reduction of these standards and, in the case of monotonous or work within the top rate is the introduction of the rest to be counted to working time.

§ 2. The list of works referred to in paragraph 1, shall be the employer after consultation with the workers and/or their representatives in the manner and on the terms referred to in article 1. 23711a and article. 23713a and after consulting the doctor holding the preventive health surveillance of workers.



Article. 146. [shift work] shift work is admissible regardless of the system used.



Article. 147. [holidays] in any system, if it provides for the distribution of working time including work on Sundays and public holidays, shall be the total number of holidays in the tax period corresponding to at least the number of Sundays, holidays and non-working days in an average of five days per week during this period.



Article. 148. [Restrictions on and the schedules of working time] working time schedules and systems referred to in article 1. 135-138, 143 and 144, working time: 1) employees employed at the workplace, which exceeded the maximum concentrations or intensities of factors harmful to health, 2) pregnant workers, 3) employees caring for a child until the age of 4, not without their consent, must not exceed 8 hours. The employee retains the right to remuneration for time not worked in view of the decrease in because of this dimension of his work time.



Article. 149. [records of working time] § 1. The employer shall keep records of the working time of an employee for the purposes of the proper determination of his remuneration and other work-related benefits. The employer provides this records worker, at his request.

§ 2. In relation to the employees covered by the system task force, workers on behalf of the employer's workplace and employees receiving a lump sum payment for overtime or night work not asylum seekers are working hours.



Article. 150. [Fixing systems and schedules of working time] § 1. Systems and work time schedules and the periods of working time shall be determined in the collective agreement or in the rules or in the notice, if the employer is not covered by the collective work or is not obliged to establish staff rules, subject to § 2 – 5 and art. 139 § 3 and 4.

§ 2. The employer, in which the works trade union organization does not work, as well as the employer, the trade union organization the works do not agree on the establishment or modification of systems and schedules of working time and working time periods, you may use the tax period, referred to in article 2. 135 § 2 and 3 – after the notice of the competent district labour inspector.

§ 3. Extension of the period of working time in accordance with article 5. 129 § 2 and working time schedules, referred to in article 1. 1401 shall be: 1) the collective agreement or in consultation with the municipal trade union organizations; If it is not possible to agree on the content of the agreement with all the occupational trade union organizations, the employer shall seek the agreement of the trade union organizations representative within the meaning of article 3. 24125a, or 2) in the agreement to be concluded with the representatives of the employees, selected in the mode adopted in the employer, if the employer does not operate company trade unions.

§ 4. The employer shall forward a copy of the agreement on the extension of the period of working time, referred to in paragraph 3, the competent regional labour inspector within 5 working days from the date of the conclusion of the agreement.

§ 5. Working time schedules, referred to in article 1. 1401, can also be used on the written request of an employee, regardless of the findings of such schedules of working time as specified in § 3.

§ 6. Applicable to employee work time systems referred to in article 1. 143 and 144, followed by the employment contract.

§ 7. To the notice referred to in paragraph 1, shall apply mutatis mutandis to article. 1043. Chapter V of the overtime Article. 151. [overtime] § 1. Work performed over the worker's working time standards in force, as well as work performed over extended daily hours of work resulting from the applicable employee system and working time, is working overtime. Overtime is permitted if: 1) having to conduct rescue action in order to protect human life or health, security or the environment or fault;

2) the specific needs of the employer.

§ 2. Provision of § 1 paragraph 2 shall not apply to employees in the workplace, which exceeded the maximum concentrations or intensities of factors harmful to health.

§ 21. Shall not work overtime time working out of the exemption, granted to the worker, at his written request, in order to attend to personal matters. Odpracowanie exemption from work may not violate the rights of the worker to rest referred to in article 2. 132 and 133.

§ 3. The number of overtime hours worked due to circumstances referred to in § 1 paragraph 2 shall not exceed for the individual employee 150 hours per calendar year.

§ 4. In the collective agreement or terms and conditions or in the contract of employment, if the employer is not covered by the collective work or is not obliged to establish staff rules, it is acceptable to establish a different number of overtime hours in the calendar year than the one specified in § 3.


§ 5. The parties agree in the contract of employment the number of hours of work over a specified contract working time employee employed in part-time work, which exceeded entitles the employee, in addition to normal remuneration for the supplement to the remuneration referred to in article 2. 1511 § 1.



Article. 1511 [Appendix] § 1. For overtime, in addition to normal remuneration, shall be entitled to an allowance in the amount of: 1) 100% of the salary for overtime per: a) at night, b) on Sundays and public holidays, non-working days for the employee, in accordance with it the distribution of working time, (c)) on a non-working granted to an employee in return for work on Sunday or on a public holiday, in accordance with it the distribution of working time;

2) 50% of the salary for overtime per every other day than that specified in paragraph 1.

§ 2. The add-in in the amount specified in § 1 paragraph 1 is also for every hour of overtime for exceeding an average weekly norm of working time in the adopted settlement period, unless the exceeding this standard has resulted from working overtime, for which an employee shall be entitled to the allowance in the amount specified in paragraph 1.

§ 3. Salary as a basis for the calculation of the supplement referred to in § 1, includes the employee's salary resulting from his personal grade specified hourly or monthly, and if such remuneration has not been extracted in determining the conditions of remuneration – 60% of the salary.

§ 4. In relation to mobile workers constantly working outside of work salary with, referred to in paragraph 1 may be replaced by a lump sum, the amount of which should correspond to the expected to work overtime.



Article. 1512 [Granting time off work], § 1. In Exchange for time worked overtime the employer shall, at the written request of the employee, may give him the time off from work.

§ 2. The granting of time off in Exchange for time worked overtime can occur without the request of the employee. In this case, the employer shall grant time off from work, at the latest by the end of the accounting period, in terms of about half higher than the number of hours worked overtime, however, this may not cause a reduction of the remuneration to the employee for the full monthly working time.

§ 3. In the cases referred to in § 1 and 2 to the employee shall not work overtime.



Article. 1513. [a non-working day] to an employee, that due to circumstances provided for in article 5. 151 § 1 performed the work on non-working days arising from the working time in an average of five days a week of work, shall be entitled in return another day off from work granted to an employee to the end of the tax period, within the time limit agreed with him.



Article. 1514. [working outside normal working hours] § 1. Managing employees on behalf of the employer's workplace and steering extracted organizational cells carry out, if necessary, working outside normal working hours without the right to remuneration and allowance for overtime work, subject to § 2.

§ 2. Managers organizational cells extracted for overtime per Sunday and holiday are entitled to remuneration and allowance for overtime in the amount specified in the article. 1511 § 1, if in return for work in this day have not received another day off from work.



Article. 1515 [Er] § 1. The employer may require the employee to remain outside normal working hours in readiness for work arising from a contract of employment in a workplace or any other place designated by the employer (on duty).

§ 2. On-call time shall not be included in the working time, when on-call employee does not perform the work. On-call time may not be without prejudice to the right of the worker to rest referred to in article 2. 132 and 133.

§ 3. For on-call time, excluding on-call his resignation at home, the employee is entitled to time off from work in the dimension that corresponds to the length of on-call, and in the absence of the ability to grant time off – remuneration arising from his personal classification, specific hourly or monthly, and if such remuneration has not been extracted in determining the conditions of remuneration – 60% of the salary.

§ 4. The provision of § 2, second sentence, and paragraph 3 shall not apply to workers on behalf of the employer's workplace.



Article. 1516. [the right to] § 1. In the event of termination of employment before the end of the accounting period the employee shall be entitled, in addition to the normal salary, entitlement to the allowance referred to in article 1. 1511 § 1, if during the period since the beginning of the accounting period to the date of termination of the employment relationship, he worked at time in excess of normal working time, referred to in article 1. 129. § 2. Provision of section 1 shall apply mutatis mutandis in the event of establishing an employment relationship in the course of the accounting period.



Chapter VI night work Article. 1517 [night] § 1. Night time includes 8 hours between the hours of 2100 and 700.

§ 2. An employee whose work time distribution includes in each era of at least 3 hours of night work or which at least 1/4 of working time in the accounting period falls on the time of night, is working at night.

§ 3. Working time working at night may not exceed 8 hours per day, if it performs the work of particularly dangerous or associated with a large physical or mental.

§ 4. The list of works referred to in § 3, specifies the employer in consultation with the trade union organization, and if it works with the employer works trade union organization does not work – with workers ' representatives selected in the mode adopted in your employer, and after consulting the doctor holding the preventive health surveillance of workers, taking into account the need to ensure work safety and health protection of workers.

§ 5. Recipe section 3 does not apply to: 1) managing executives on behalf of the employer's workplace;

2) cases having to conduct rescue action in order to protect human life or health, security or the environment or fault.

§ 6. On the written request of an employee, referred to in § 2, the employer shall inform the competent district labour inspector of the employment of employees working at night.



Article. 1518. [in addition to salary] § 1. The employee performing night work shall be entitled to an allowance to pay for each hour of night work in 20% of the hourly rate resulting from the minimum wage, established on the basis of separate provisions.

§ 2. In relation to workers engaged in night work constantly outside the workplace Appendix referred to in paragraph 1 may be replaced by a lump sum, the amount of which corresponds to the expected dimension of night work.



Chapter VII Work on Sundays and public holidays, Art. 1519 [holidays] § 1. Non-working days are Sundays and public holidays as specified in the rules about the days free from work.

§ 2. For work on Sunday and holy day is believed to work carried out between 600 on this day and 600 in the next day, unless the employer has been fixed another time.



Article. 1519a [prohibition of work in commercial establishments in the holidays] § 1. Work on public holidays in retail locations is not permitted.

§ 2. Provision of paragraph 1 shall also apply, if the holiday falls on a Sunday.

§ 3. Working on Sundays is allowed in retail locations in the performance of work necessary for the sake of their utility and everyday needs of the population.



Article. 15110. [working on Sundays and public holidays] Work on Sundays and public holidays is allowed: 1) in the event of having to conduct rescue action in order to protect human life or health, security or the environment or fault;

2) in continuous movement;

3) when shift work;

4) with the necessary renovations;

5) in transport and communication;

6) in company village guards Brigade and in the on-site emergency services;

7) at guarding property or protection of people;

8) in agriculture and livestock breeding;

9) in the performance of work necessary for the sake of their utility and everyday needs of the population, in particular: (a)) (repealed) (b)) the establishments providing services to the public, c), (d)) hotel facilities, e) units of municipal economy, f) healthcare [4] and other health care facilities for people whose health condition requires 24-hour or day care, g) organizational units of social assistance and organizational units, foster families and foster care system providing 24-hour care , h) establishments engaged in activities in the field of culture, education, tourism and leisure;

10) in relation to staff employed on time-work, in which the work is provided only on Fridays, Saturdays, Sundays and public holidays;

11) in carrying out the work:


a) consisting of the provision of services with the use of electronic means of communication within the meaning of the provisions on the provision of electronic services or telecommunications equipment within the meaning of the provisions of the telecommunications law, received outside the territory of the Republic of Poland, if in accordance with the provisions in force customer service days, referred to in article 1. 1519 § 1, in the days of work, (b)) that provide the ability to provide the services referred to in point (a). (a) article. 15111. [a non-working day] § 1. Mobile worker working on Sundays and public holidays, in the cases referred to in article 1. 1519a § 3 and article. 15110 points 1 to 9 and 11, the employer is obliged to provide other non-working day: 1) in return for work on Sunday – 6 calendar days preceding or following after this Sunday;

2) in return for work on a public holiday during the billing period.

§ 2. If it is not possible to use within the time limit indicated in § 1 paragraph 1 day off in Exchange for working on a Sunday, the employee is entitled to a non-working day to the end of the billing period, and in the absence of the ability to grant the day off from work in this period – additional remuneration in the amount specified in the article. 1511 § 1 paragraph 1, for each hour of work on Sunday.

§ 3. If it is not possible to use within the time limit indicated in § 1 paragraph 2 day off in Exchange for working on a public holiday, the employee shall be entitled to additional remuneration in the amount specified in the article. 1511 § 1 paragraph 1, for each hour worked on a public holiday.

§ 4. To work on a public holiday that falls on Sunday the provisions for working on Sunday.



Article. 15112. [using Sunday free from work] an employee working on Sundays should use at least once every 4 weeks with Sunday free. This does not apply to permanent worker in the system of working time, as referred to in article. 144. The SEVENTH DEPARTMENT employee Leave Chapter and holidays parks Article. 152. [the right to leave] § 1. The employee is entitled to annual, continuous, paid leave, hereinafter referred to as "holiday".

§ 2. The worker may not waive the right to leave.



Article. 153. [the acquisition of the right to leave] § 1. An employee who engages in work for the first time, in the calendar year in which the work, the right to leave at the end of each month, in the dimension 1/12 his leave after working for a year.

§ 2. The right to subsequent leave the employee acquires in each calendar year.



Article. 154. [leave Dimension] § 1. The dimension of the leave is: 1) 20 days – if an employee is employed for less than 10 years;

2) 26 days – if an employee is employed for at least 10 years.

§ 2. The dimension of the leave for staff engaged in part-time employment shall be determined in proportion to the working hours of the employee, taking as a basis the dimension of the leave referred to in § 1; exhaustive day of leave shall be rounded up to a full day.

§ 3. Dimension in a given calendar year, determined on the basis of § 1 and 2, shall not exceed the dimension specified in § 1.



Article. 1541 [period of previous employment] § 1. To the period of employment, which depends on the right to leave and the leave shall include periods of previous employment, regardless of the break in employment and the way of termination of the employment relationship.

§ 2. In the case of simultaneous stay in two or more labor relations factor are also subject to a period of previous employment is not yet completed in part per before the establishment of a second or subsequent employment.



Article. 1542 [Granting leave] § 1. Leave shall be granted in days, which are days for work, in accordance with applicable it distribution of working time, in terms of time, corresponding to the dobowemu dimension of the working time of the employee on any given day, subject to § 4.

§ 2. In granting leave pursuant to § 1, one day leave corresponds to 8 working hours.

§ 3. Provision of § 1 and 2 shall apply mutatis mutandis to an employee, for which the daily norm of working time resulting from separate regulations, is less than 8 hours.

§ 4. The grant to the employee leave on work in terms of time corresponding to the part of the daily working time is allowed only in the case when a part of the leave the remaining use is lower than the full daily hours of work an employee on the day to which you want to grant leave.



Article. 155. [School] § 1. To the work period, which depends on the dimension of the leave, does for completion: 1) Basic or equivalent vocational school-provided for a duration of teaching science, but not more than 3 years, 2) mean vocational school-provided for a duration of teaching science, but not more than 5 years, 3) professional school for graduates of basic vocational schools (equivalent)-5 years, 4) general education school – 4 years 5) post-secondary-6 years, 6) school-8 years.

Periods of study referred to in paragraphs 1 to 6 shall not be subject to summation.

§ 2. If the employee received his education in the time of employment, the work period, which depends on the dimension of the leave are counted or period of employment, in which it was taken the science, or the period of learning, depending on what is more favourable to the employee.



Article. 1551. [Leave proportionate] § 1. In the calendar year in which it ceases the employment relationship with the employee entitled to the next leave, an employee is entitled to vacation: 1) on current employers – in a dimension proportionate to the period worked with the employer in the year of termination of the employment relationship, unless before the end of this relationship the employee took advantage of a holiday in his or in higher dimension;

2) in another employer – in terms of: a) proportional to the period remaining until the end of the calendar year in the case of employment at a time not less than the end of the calendar year, b) proportionate to the period of employment in a given calendar year in the case of employment on less than the end of the calendar year concerned, without prejudice to § 2.

§ 2. A worker who, before leaving the work during the calendar year has used breaks in dimension higher than that resulting from § 1, paragraph 1, on the next employer vacation in lower dimension; the total dimension of leave in a calendar year may not, however, be lower than that resulting from the period worked this year on all employers.

§ 21. Provision of § 1 paragraph 2 shall apply mutatis mutandis to an employee taking work in another employer within another calendar year than the year in which the terminated his employment with the previous employer.

§ 3. (repealed)



Article. 1552. [Leave proportional after unpaid leave] § 1. Provision of art. 1551 § 1 paragraph 2 shall apply mutatis mutandis to an employee returning to work on the previous employer in a calendar year after at least 1 month period: 1) leave without pay;

2) parental leave;

3) of basic military service or alternative forms of the periodic military service, military training or military exercises;

4) provisional detention;

5) serving a sentence of imprisonment;

6) Unexcused absence from work.

§ 2. If the period referred to in § 1 paragraphs 1 and 3 to 6, is after the acquisition by the employee of the right to leave in a calendar year, the leave the employee returning to work within the same calendar year is reduction percentage, unless before that period, the employee took advantage of a holiday in his or in a higher dimension.



Article. 1552a. [Setting leave] § 1. In determining the leave on the basis of article. 1551 and 1552 calendar month of service corresponds to 1/12 of the leave of the employee in accordance with art. 154 § 1 and 2.

§ 2. Incomplete calendar month of service shall be rounded up to a full month.

§ 3. If the termination of the employment relationship in the current employer and to establish such a relationship with another employer in the same calendar month, rounding to full month makes a current employer.



Article. 1553 [Incomplete day leave] § 1. In determining the leave on the basis of article. 1551 and 1552-exhaustive day of leave shall be rounded up to a full day.

§ 2. The dimension of the leave due to an employee in a calendar year may not exceed the dimension of the resulting from the article. 154 § 1 and 2.



Article. 156. (repealed) Article. 157. (repealed) Article. 158. [supplementary Leave] Employee, who leave for the calendar year, and then he received during that year the right to leave in higher dimension, are entitled to vacation.



Article. 159. (repealed) Article. 160. (repealed) Article. 161. [obligation to grant leave] the employer shall grant the employee a leave in the calendar year in which the employee obtained the right to it.



Article. 162. [the Division of leave on the part of the] at the request of an employee leave can be divided into parts. In this case at least one part of the rest should last no less than 14 consecutive calendar days.




Article. 163. [leave Plan] § 1. Leave should be granted according to plan vacations. Plan vacations shall be the employer, taking into account requests by workers and the need to ensure normal workflow. Vacation plan does not include part of the leave granted to the employee in accordance with art. 1672. § 11. The employer does not set the leave plan, if the company union organization expressed consent; This also applies to the employer, which is not working factory trade union organisation. In such cases, the employer shall set a time limit leave after consultation with the employee. Provision of section 1 of the second and third sentence shall apply mutatis mutandis.

§ 2. Plan vacations shall be notified to the employees accepted the employer.

§ 3. At the request of the employees shall be granted her leave immediately after maternity leave; This also applies to the employee – father raising a child, which makes use of maternity leave.



Article. 164. [postponement of leave at the request of the] § 1. Postponement of leave may be refused at the request of an employee because of important reasons.

§ 2. Postponement of leave is also permitted due to the specific needs of the employer if the employee's absence would cause serious disruption.



Article. 165. [Mandatory postponement of leave] if an employee may not start in time the reasons justifying the absence from work and, in particular, due to: 1) temporary incapacity to work due to illness, 2) detention in connection with an infectious disease, 3) appointment to the military exercises or military training for up to 3 months, 4) maternity leave, the employer is obliged to move the holiday the date later.



Article. 166. [failure to use leave] part of the leave unused due to: 1) temporary incapacity to work due to illness, 2) detention in connection with an infectious disease, 3) hold military exercises or military training for up to 3 months, 4) maternity leave, the employer shall provide at a later date.



Article. 167. [Appeal with leave] § 1. The employer may appeal an employee from leave only if his presence at the plant require circumstances unforeseen at the time of the start of the leave.

§ 2. The employer is obliged to pay the costs incurred by the employee in direct connection with the reference it.



Article. 1671. [obligation to use leave] during the period of their employment contract is terminated, the employee is obliged to use all could leave him, if in this period the employer will give him a holiday. In this case, the dimension of the leave, except leave outstanding may not exceed the dimension arising from the provisions of article 4. 1551. 1672. [Leave at the request of the employee] the employer is obliged to grant the request of the employee and within the time limit indicated by him not more than 4 days leave in each calendar year. The employee makes a request to grant the leave not later than on the day of the commencement of the leave.



Article. 1673 [Dimension leave at the request of the employee] the total dimension of leave used by an employee on the basis of and as defined in article 3. 1672 may not exceed 4 days per calendar year, irrespective of the number of employers with whom the employee remains in a given year in the subsequent labour relations.



Article. 168. [Leave unused] leave not taken within the time limit set in accordance with article 5. 163 it should the employee give no later than 30 September of the following calendar year; This does not apply to part of the leave granted in accordance with article 5. 1672. 169. (repealed) Article. 170. (repealed) Article. 171. [cash] § 1. In the case of non-use of leave, in whole or in part because of the termination or expiration of employment to an employee shall be entitled to cash.

§ 2. (repealed) § 3. The employer is not required to pay the cash referred to in paragraph 1, where the parties agree on the use of the leave in time to remain an employee in an employment relationship on the basis of the next contract of employment concluded with the same employer directly after the termination or expiration of the previous contract of employment with the employer.



Article. 172. [remuneration for holiday] By the time of leave an employee shall be entitled to remuneration that has, if at that time he worked. Variable components of remuneration may be calculated on the basis of the average earnings of the period of 3 months preceding the month of commencement of leave; in cases of significant fluctuations in the remuneration of this period may be extended to 12 months.



Article. 1721. [payment of the difference between] § 1. If an employer on the basis of separate provisions shall cover the employee insurance that guarantees him a receipt to provide money for the holiday, the employee shall not be entitled to the compensation provided for in article 4. 172, or cash equivalent, referred to in article 2. 171. § 2. If the cash benefit for leave referred to in § 1, is lower than the remuneration provided for in article 8(2). 172, or from the cash payment referred to in article 2. 171, the employer shall pay the employee the amount of the difference between these duties.



Article. 173. [Delegation] Minister of labour and social policy shall determine, by regulation, detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for the holidays.



Chapter II Vacations free Article. 174. [Leave free on request] § 1. At the written request of the employee, the employer may grant leave without pay.

§ 2. The period of leave does not free to work period, from which depend on employee rights.

§ 3. In granting leave without pay, longer than 3 months, the parties may provide for the admissibility of the appeal with leave for important reasons.

§ 4. The provisions of § 2 and 3 shall not apply in cases governed by the specific rules differently.



Article. 1741. [work on another employer] § 1. With the consent of the employee, in writing, the employer may grant leave without pay to an employee to perform work for another employer for a period determined in this case agreement between employers.

§ 2. A period of unpaid leave, referred to in § 1, shall include the period of work, from which depend on employee rights in existing employer.



Article. 175. (repealed) SECTION EIGHTH Powers of staff related to parenting Article. 1751. [Definitions] Whenever in the rules Department is talking about: 1) the insured-mother of the child is to be understood the mother of the child other than the employee, subject to social insurance sickness and maternity benefits, referred to in the Act of 13 October 1998 on the social insurance system (Journal of laws of 2016.963 and 1247);

2) insured persons-the father of the child is to be understood the child's father who is not an employee covered by social insurance sickness and maternity benefits, referred to in the Act of 13 October 1998 on the social insurance system;

3) employee-another Member of the immediate family – should be understood as an employee, other than an employee – the father of fostering a child, a member of the immediate family, referred to in article 1. 29. 5 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits (Journal of laws of 2016.372, 960, 1248 and 1265);

4) insured persons-another Member of the immediate family should be understood not as an employee, other than an insured person-the father of a child, the insured person in the immediate family, referred to in article 1. 29. 5 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits.



Article. 176. [the work burdensome, dangerous or harmful to the health of pregnant women and women who are breastfeeding], § 1. Pregnant women and women who are breastfeeding are not able to perform the work burdensome, dangerous or harmful for health, which may have an adverse effect on their health, pregnancy or breast feeding your baby.

§ 2. The Council of Ministers shall determine, by regulation, a list of works referred to in § 1, including: 1) associated with excessive physical exertion, including manual transport of loads, 2) that may have adverse effects due to the manner and terms of their implementation, taking into account the types of factors present in the working environment and the level of their occurrence is guided by the current knowledge on the impact of working conditions and the factors present in the working environment on women's health , pregnancy or breast feeding your baby.



Article. 177. [termination during pregnancy] § 1. An employer may not terminate or resolve the employment contract during pregnancy, as well as during the period of maternity leave employees, unless there are reasons for termination without notice of her guilt and that represents the worker who works the organization Union agreed to the termination of the agreement.

§ 2. Provision in § 1 shall not apply to employees in the trial period not exceeding one month.


§ 3. The employment contract concluded for a fixed period or for a trial period in excess of one month, which would have been the solution after the third month of pregnancy, shall be extended until childbirth.

§ 31. Provision in § 3 shall not apply to fixed-term employment contracts concluded for the purpose of replacement of an employee at the time of its justified absence from work.

§ 4. Termination by the employer of the employment contract by notice during pregnancy or maternity leave can only occur in the event of bankruptcy or liquidation of the employer. The employer is obliged to agree with the works Union Organization worker representing the date of termination of employment. In the event of inability to provide other employment during this period, employees are entitled to benefits specified in separate regulations. Download period these benefits are included in the period of employment from which depend on employee rights.

§ 5. The provisions of § 1, 2 and 4 shall apply mutatis mutandis to an employee – father raising a child during maternity leave.



Article. 178. [working overtime and at night] § 1. A pregnant employee is not allowed to employ in overtime or at night time. A pregnant employee may not without the consent of the delegate outside the permanent place of work or employ the system, referred to in article 2. 139. § 2. The employee guarding the child to complete by 4 years of age are not allowed without his permission to employ in overtime, at night, on working time, referred to in article 2. 139 as well delete outside of the permanent place of work.



Article. 1781. [change working time] employer night worker is obliged for the period of her pregnancy change the distribution of working time in such a way as to perform work beyond the time at night, and if this is not possible or appropriate, move the worker to another job, which does not require execution of night work; in the absence of such employer shall release the worker for the time necessary with the obligation to perform work. The provisions of article 4. 179 § 4-6 shall apply mutatis mutandis.



Article. 179. [transfer to another job] § 1. Employer employing a pregnant worker or who is breastfeeding at work mentioned in the regulations issued on the basis of art. 176 § 2, wzbronionej such employees regardless of the degree of exposure to agents harmful to health or dangerous, is obliged to transfer the employee to another job, and if this is not possible, release it for the time necessary with the obligation to perform work.

§ 2. Employer employing a pregnant worker or who is breastfeeding with other works listed in the regulations issued on the basis of art. 176 paragraph 2 is obliged to adjust working conditions to the requirements set out in these regulations or so limit the time work to eliminate the danger to the health or safety of workers. If the adjustment of working conditions on existing workplace or shortening of working time is not possible or appropriate, the employer is obliged to transfer the employee to another job or, in the absence of such a possibility free employee for the time necessary with the obligation to perform work.

§ 3. Provision in § 2 shall apply mutatis mutandis to the employer in cases where health contraindications to perform work by a pregnant worker or who is breastfeeding derive from the medical.

§ 4. In the event of a change in working conditions to the previously occupied workplace, shortening of working time or transfer employees to other work lowers wages, workers shall be entitled to compensatory supplement.

§ 5. A worker during the period of exemption from the obligation to perform work retains the right to existing salary.

§ 6. After termination of reasons the transfer of employees to another job, shortening her working time or exemption from the obligation to perform work, the employer is obliged to employ a worker at work and in the time specified in the contract of employment.

§ 7. The competent Minister in charge of health shall determine, by regulation, the manner and mode for issuing medical certificates stating health contraindications to perform work by a pregnant worker or who is breastfeeding, taking into account the risk to the health or safety of occurring in the work environment.



Article. 1791 [parental] § 1. A worker, not later than 21 days after giving birth, you may submit a written request for it, immediately after maternity leave, parental leave in full arising from art. 1821a § 1.

§ 2. In the case of submission of the application referred to in § 1, the employee may share with the employee – the father bringing up baby or insured – the father of the child the use of parental leave or downloading of maternity for a period corresponding to the period of leave, in accordance with the principles set out in article 4. 1821c § 2 and 4.

§ 3. Provision in § 2 shall apply mutatis mutandis to an employee – father raising a child, in cases where the insured is the child's mother submitted a request for payment of the maternity allowance for the period corresponding to the period of maternity leave and parental leave on a full-time basis, as referred to in article. 30A paragraph. 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits.

§ 4. In the cases referred to in § 2 and 3, the written proposal: 1) opt out of the use of parental leave, in whole or in part, and return to work – consists of the employer within a period of not less than 21 days prior to the work;

2) the granting of parental leave, in whole or in part – consists of the employer within a period of not less than 21 days before the beginning of the use of the leave or its part.

§ 5. The employer is obliged to take account of the requests referred to in § 1 and 4. Applications shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a article. 1792. (repealed) Article. 1793. (repealed) Article. 1794. (repealed) Article. 1795. (repealed) Article. 180. [Dimension maternity] § 1. Employees are entitled to maternity leave in: 1) 20 weeks-in the case of the birth of one child at birth;

2) 31 weeks-in the case of the birth of two children at birth;

3) 33 weeks in the case of the birth of three children at birth;

4) 35 weeks, in the case of the birth of four children at birth;

5) 37 weeks-in the case of the birth of five and more children in one birth.

§ 2. Before the expected date of confinement worker may use no more than 6 weeks of maternity leave.

§ 3. After giving birth shall be entitled to maternity leave unused before the birth until the dimension referred to in § 1.

§ 4. A worker, once after the birth of at least 14 weeks maternity leave, have the right to opt out of the rest of the leave and return to work, if: 1) the remainder of the maternity leave will use the employee – the father of fostering a child;

2) for a period corresponding to the period remaining until the end of the maternity leave, personal custody of the child will be held the insured-the father of a child, that in order to exercise this care interrupted gainful activity.

§ 5. The employee-the father who raises the child shall be entitled, in the case of cancellation by the insured-the mother of a child with maternity allowance after using it that the allowance for a period of at least 14 weeks after the birth, the right to a part of the maternity leave per the date of cancellation by insured – the mother of a child with a maternity allowance.

§ 6. A female employee with a judgment about the inability to independent existence, once after giving birth at least 8 weeks maternity leave, have the right to opt out of the rest of this holiday, if: 1) the remainder of the maternity leave will use the employee – the father of fostering a child or employee is the other Member of the immediate family;

2) for a period corresponding to the period remaining until the end of the maternity leave, personal custody of the child will be held the insured-the father of a child or the insured-another Member of the immediate family, that in order to exercise this care interrupted gainful activity.

§ 7. Employee – the father who raises the child or employee-another Member of the immediate family are entitled, in the case of cancellation by the insured – the mother of the child, with a decision on incapacity for independent existence, with maternity allowance after using it that the allowance for a period of at least 8 weeks after birth, the right to a part of the maternity leave per the date of cancellation by insured – the mother of a child with a maternity allowance.

§ 8. In the cases referred to in § 4 and 6, a worker consists of the employer a written request on the abandonment of the use of part of the maternity leave within a period of not less than 7 days before working. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application.


§ 9. Part of the maternity leave referred to in § 4 para 1, § 5, § 6, paragraph 1 and article 7, the employer shall provide, as appropriate, the employee – the father who raises the child or employee-another Member of the immediate family, at his written request, submitted within the time limit of not less than 14 days before the start of use of a part of the leave. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application the employee – father raising a child or employee-another Member of the immediate family.

§ 10. A worker, who is in the hospital or other medicinal plant medicinal entity performing activities of healing in a kind of stationary and a 24-hour health services due to a health condition that prevents the exercise of the personal custody of the child, once after giving birth at least 8 weeks maternity leave, can interrupt the maternity leave for a period of stay in the hospital or treatment facility if: 1) part of the maternity leave for the period of use – father of fostering a child or employee is the other Member of the immediate family;

2) personal care of the child during this period will be held the insured-the father of a child or the insured-another Member of the immediate family, that in order to exercise this care interrupted gainful activity.

§ 11. Employee – the father who raises the child or employee-another Member of the immediate family are entitled, if you stop by the insured – the mother of the child allowance maternity after using it that the allowance for a period of at least 8 weeks after birth, the right to maternity leave parts corresponding to the period in which the insured is the child's mother is staying in the hospital or other medicinal plant medicinal entity performing activities of healing in a kind of stationary and a 24-hour health services due to a health condition that prevents the exercise of the personal care of the child.

§ 12. In the event of the death of employees during maternity or insured – the child's mother at the time of download of maternity for a period corresponding to the period of leave, the employee – the father who raises the child or employee-another Member of the immediate family shall have the right to part of the maternity leave per after death employees or insured – the child's mother.

§ 13. In the case of the abandonment of the child by a worker during maternity leave or insured-the mother of the child during maternity allowance for the period corresponding to the period of leave, the employee – the father who raises the child or employee-another Member of the immediate family shall have the right to part of the maternity leave per after the abandonment of the child, no earlier than after use: 1) a worker who, after the birth, at least 8 weeks maternity leave;

2) insured – mother of the child, maternity allowance for a period of at least 8 weeks after the birth.

§ 14. Total dimension of the maternity leave and maternity leave and maternity allowance period for the period corresponding to the period of leave, in the circumstances referred to in § 4 – 7 and 10 – 13, may not exceed the dimension of the maternity leave referred to in § 1.

§ 15. In the case of: 1) the death of the child's mother not covered by social insurance sickness and maternity benefits, referred to in the Act of 13 October 1998 on the social insurance system, or does not have a title for this insurance, 2) the abandonment of the child by the mother not covered by insurance, referred to in paragraph 1, or does not hold a title for this insurance, 3) inability to exercise personal custody of the child by the mother not covered by insurance referred to in paragraph 1, or does not hold a title for this insurance, with a decision on incapacity for independent existence – the employee – the father who raises the child or employee-another Member of the immediate family shall have the right to part of the maternity leave per the date of death of the child's mother, abandoned by her child or incapacity independent existence.

§ 16. In the circumstances referred to in § 10 paragraph 1 and § 11-13 and 15, part of the maternity leave shall be granted on written request of an employee, the father raising a child or employee-another Member of the immediate family. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application the employee – father raising a child or employee-another Member of the immediate family.

§ 17. In the case of the mother of the child does not hold a title to social insurance sickness and maternity benefits, referred to in the Act of 13 October 1998 on the social security system, employment in a dimension of not less than half of the full working hours, the employee-the father who raises the child shall be entitled, during the period of employment of the child's mother, the right to a part of the maternity leave per from employment by the mother of the child until the dimension referred to in § 1. Provision of § 9 applies accordingly.



Article. 1801. [Dimension maternity] § 1. In the event of a stillbirth or death of the child before the end of the 8 weeks of age, employees are entitled to maternity leave in Dimension 8 weeks after giving birth, not less, however, than for a period of 7 days from the date of death of the child. Employees, who gave birth to more than one child in one confinement, in this case, maternity leave in terms appropriate to the number of surviving children.

§ 2. In the event of the death of a child after 8 weeks of age, the employee retains the right to maternity leave for a period of 7 days from the date of death of the child. Employees, who gave birth to more than one child in one confinement, in this case, maternity leave in terms appropriate to the number of surviving children, no less than for a period of 7 days from the date of death of the child.



Article. 181. [Child requiring hospital care] in the event of the birth of a child requiring hospital care worker, which has used after birth 8 weeks maternity leave, the remaining portion of this leave may use at a later date, after leaving the baby from the hospital.



Article. 182. [the abandonment of a child or place it in the custody of foster family or in an establishment] in the case of the abandonment of the child by a worker or placement of the child, on the basis of the decision of the Court, in custody, in the educational establishment, in protective plant-care or in medical rehabilitation, employees shall not be entitled to part of the maternity leave per after the abandonment of a child or placement of the child in foster care, nursing facility, in protective plant-care or in medical rehabilitation. However, the maternity leave after childbirth may not be less than 8 weeks.



Article. 1821. (repealed) Article. 1821a [Dimension parental] § 1. After the maternity leave or maternity allowance for the period corresponding to the period of maternity leave the employee is entitled to parental leave in the dimension to: 1) 32 weeks-in the case referred to in article 1. 180 § 1 paragraph 1;

2) 34 weeks-in the cases referred to in article 1. 180 § 1 paragraph 2-5.

§ 2. Holiday in the dimension referred to in § 1, including both parents of the child.

§ 3. The parental leave can simultaneously use both parents of the child. In this case the total dimension of the parental leave may not exceed the dimension referred to in § 1.

§ 4. In the download period by one of the child's parents of maternity for a period corresponding to the period of parental leave, the other parent may benefit from parental leave. In this case the total dimension of the parental leave and maternity allowance period for the period corresponding to the duration of the parental leave may not exceed the dimension referred to in § 1.



Article. 1821b. (repealed) Article. 1821c. [Granting parental leave] § 1. Parental leave is granted on a one-time basis or in parts not later than the end of the calendar year in which your child turns 6 years old.

§ 2. Parental leave is granted immediately after the maternity leave or maternity allowance for the period corresponding to the period of maternity leave, not more than 4 parts per directly one after the other, or directly after the maternity allowance for the period corresponding to the part of the parental leave, in terms of multiples of the week. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. § 3. Parental leave in up to 16 weeks may be granted within a period of nieprzypadającym immediately after the previous part of this leave or nieprzypadającym directly after the maternity allowance for the period corresponding to the part of this holiday. The number used in this mode, the part of the leave shall be reduced by the number of parts of parental leave.


§ 4. No part of the parental leave may not be less than 8 weeks, with the exception of: 1) the first part of the parental leave, which, in the case of: (a)) of birth one child in one confinement may not be less than 6 weeks, b) acceptance by the worker referred to in article 2. 183 § 1, raising a child up to the age of 7 years of age, and in the case of a child, to which it has been decided to postpone compulsory education to 10 years of age cannot be shorter than 3 weeks;

2) situation remaining to use part of the leave is less than 8 weeks.



Article. 1821d. [the granting of parental leave at the request of the] § 1. Parental leave is granted upon written request of an employee, within a period of not less than 21 days before the beginning of the use of annual leave. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application the employee.

§ 2. The number of part of the leave is determined based on the number of applications for leave. In the number of used part of the leave account shall also be taken of the number of applications for the maternity allowance for the period corresponding to the period of parental leave or part thereof, made by the insured-mother child or the insured, the father of the child.

§ 3. The employee may opt out of the use of parental leave at any time with the consent of the employer and return to work.



Article. 1821e. [linking parental work] § 1. The employee may combine the use of parental leave with the performance of the work with the employer providing this leave in terms of not more than half of the full working hours. In this case, the parental leave shall be granted for the remainder of the working time.

§ 2. In the case referred to in § 1, to work on the written request of an employee, within a period of not less than 21 days prior to the commencement of the work. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application of the employee, unless this is not possible due to the organisation of work or the type of work performed by the employee. The reason for refusal of the request, the employer shall inform the employee in writing.



Article. 1821f. [Extending maternity leave dimension] § 1. In the case of a merger by employee use of parental leave with the performance of the work with the employer providing this leave, parental leave is extended in proportion to the time dimension work performed by an employee during a leave or a part thereof, not more than: 1) 64 weeks-in the case referred to in article 1. 180 § 1 paragraph 1;

2) 68 weeks-in the cases referred to in article 1. 180 § 1 paragraph 2-5.

§ 2. The period by which parental leave is longer, is the product of the number of weeks a worker combines the use of parental leave with the performance of the work with the employer providing this leave and working time performed by an employee in the course of the use of parental leave.

§ 3. In the case when combining the use of leave on the performance of work referred to in § 1, is part of the parental leave, the proportional elongation of the dimension of this holiday, is only in respect of that part of the parental leave.

§ 4. Where is the result of the increase of the dimension parental leave part of the parental leave does not correspond to a multiple of the week, it is given in days. In granting leave an incomplete day shall be disregarded.

§ 5. Part of the parental leave, the leave was extended on a pro rata basis in accordance with § 1-4, extends part of parental leave, during which the employee connect the use of leave on the performance of work in part-time work at an employer granting leave.

§ 6. In the application referred to in article 2. 1821e § 2, the employee determines how the use of part of the parental leave, the leave will be proportionally increased.

§ 7. In the case where an employee intends to combine the use of parental leave resulting from proportional to extend this leave, calculated in accordance with paragraph 2, with the performance of work in part-time jobs, the dimension of this part of the leave is calculated by dividing the length of the part of the leave resulting from the proportional elongation by the difference in the number of 1 and working time, within which the employee intends to combine the use of this part of the holiday with the performance of work. Provision of § 4 shall apply mutatis mutandis.



Article. 1821g. [provisions applicable to parental leave] To parental leave shall apply mutatis mutandis the provisions of article 4. 45 § 3, article. 47, art. 50 section 5, art. 57 § 2, art. 163 § 3, article. 165, paragraph 4, art. 166, paragraph 4, art. 177. 180 § 6 – 17, art. 1801 § 2, art. 181. 182, first sentence and article. 1831 § 1.



Article. 1822. (repealed) Article. 1823 [paternity] § 1. Employee – the father of fostering a child has the right to paternity leave in up to 2 weeks, no longer than: 1) until the child 24 months or 2) until the expiration of 24 months from the date when provisions of the Panel adoption of the child and not longer than until the child 7 years of age, and in the case of a child, to which it has been decided to postpone compulsory school attendance , no more than to complete by 10 years of age.

§ 11. Paternity leave may be taken all at once or not more than two parts, neither of which may be shorter than a week.

§ 2. Paternity leave is granted upon written request of an employee, the father raising a child, folded within a period of not less than 7 days prior to the commencement of the use of annual leave. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application the employee.

§ 3. To paternity shall apply mutatis mutandis the provisions of article 4. 45 § 3, article. 47, art. 50 section 5, art. 57 § 2, art. 163 § 3, article. 165, paragraph 4, art. 166, paragraph 4, art. 177. 181 and article. 1831 § 1.



Article. 1824. [request for parental leave] § 1. The employee, not later than 21 days after the adoption of the child's upbringing and to the guardianship court with the request to open proceedings on the adoption of the child or after the adoption of the child to be raised as a foster family, with the exception of foster family professional, you may submit a written request for it, directly after the conditions of maternity, parental leave in full arising from art. 1821a § 1. The employer is obliged to take account of the request of an employee.

§ 2. In the case referred to in paragraph 1, the provision in article. 1791 shall apply mutatis mutandis.



Article. 183. [Leave for adoptive parent child or host a child for upbringing] § 1. An employee who has adopted a child for upbringing and guardianship court with the request to open proceedings on the adoption of the child or adopted child for upbringing as a foster family, with the exception of professional foster family, has the right to leave under the conditions of maternity in a dimension: 1) 20 weeks-in the case of adoption of one child, 2) 31 weeks-in the case of the simultaneous adoption of two children 3) 33 weeks – in the case of the simultaneous adoption of the three children, 4) 35 weeks, in the case of the simultaneous adoption of the four children, 5) 37 weeks-in the case of the simultaneous adoption of five and more children – not longer than until the child 7 years of age, and in the case of a child, to which it has been decided to postpone the obligation to the school no later than the age of 10 years old.

§ 2. To leave the terms of maternity leave provisions of article. 45 § 3, article. 47, art. 50 section 5, art. 57 § 2, art. 163 § 3, article. 165, paragraph 4, art. 166, paragraph 4, art. 177. 180 § 4-17, art. 1801 § 2 and art. 181 shall apply mutatis mutandis.

§ 3. If an employee referred to in § 1, adopted child aged up to 7 years of age, and in the case of a child, to which it has been decided to postpone compulsory education to 10 years of age, has the right to 9 weeks leave under the conditions of maternity.

§ 4. An employee who has adopted a child for upbringing and guardianship court with the request to open proceedings on the adoption of the child or adopted child for upbringing as a foster family, with the exception of professional foster family, has the right to parental leave or after use leave under the conditions of maternity or maternity allowance for the period corresponding to the period of leave under the conditions of maternity, in the dimension to : 1) 32 weeks-in the case referred to in § 1, paragraph 1;

2) 34 weeks-in the cases referred to in § 1 paragraph 2 – 5;

3) 29 weeks-in the case referred to in § 3.

§ 5. To parental leave shall apply mutatis mutandis the provisions of article 4. 1821a § 2 – 4 and art. 1821c-1821g.

§ 6. In terms of maternity leave is granted at the written request of the employee. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application the employee.




Article. 1831 [Granting maternity leave] § 1. On the granting of maternity leave and leave for maternity leave conditions holiday week corresponds to 7 calendar days.

§ 2. If a worker does not use maternity leave before the expected date of confinement, the first day of maternity leave is the day of childbirth.



Article. 1832. [end of maternity leave] the employer shall be allowed the employee after the end of maternity leave, the conditions of maternity, parental and paternity leave to work on the current position, and if this is not possible, as an equivalent of the occupied before you leave or on another post corresponding to his professional qualifications, for remuneration for the work which he would have received if they had not made use of the leave.



Article. 184. [maternity] for the period of maternity leave, the conditions of maternity, parental and paternity leave are entitled to maternity benefit to the principles set out in the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits.



Article. 185. [medical examination] § 1. The State of pregnancy should be established that the testimony of a medical examination.

§ 2. The employer is obliged to provide pregnant employees exemptions from work recommended by doctor medical examination carried out in connection with pregnancy, if these trials cannot be carried out outside the opening hours. By the time of absence from work for this reason, the worker retains the right to remuneration.



Article. 186. [parental] § 1. A worker employed for at least 6 months is entitled to parental leave in order to exercise personal custody of the child. For the six-month period of employment be included in previous periods of employment.

§ 2. The dimension of the parental leave of up to 36 months. Leave is granted for a period of no more than to the end of the calendar year in which your child turns 6 years old.

§ 3. If due to a health condition confirmed by judgment of disability or disability child requires the personal care of the employee, regardless of the leave referred to in § 2 may be granted parental leave in up to 36 months, but for a period not longer than until the child 18 years of age.

§ 31. Vacations in the dimensions referred to in § 2 and 3, you have a total of both parents or legal guardians of the child.

§ 4. Each of the parents or guardians of the child shall enjoy the exclusive right to one month parental leave with the leave referred to in paragraph 2 and 3. This right cannot be transferred to the other parent or guardian of the child.

§ 5. The use of parental leave of at least one month, means the use by the parent or guardian of the child leave, referred to in § 4.

§ 6. Parental leave can simultaneously use both parents or guardians of the child. In this case the total dimension of the parental leave may not exceed the dimension referred to in § 2 and 3.

§ 7. Parental leave is granted upon written request of an employee submitted within a period of not less than 21 days before the beginning of the use of annual leave. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. The employer is obliged to grant the application the employee. The employee may withdraw a request for parental leave no later than 7 days prior to the commencement of the leave, the employer's written statement to that effect.

§ 71. If the request referred to in § 7, was submitted without the term employer grants parental leave no later than the date of expiry of the 21 days from the date of submission of the application.

§ 8. Parental leave is granted to no more than 5 parts. The number of part of the leave is determined based on the number of applications for leave.

§ 9. A parent of a child has the right to parental leave in up to 36 months if: 1) the other parent of a child is dead, 2) the other parent child not parental, 3) the other parent of the child has been deprived of parental authority or the authority has limited or suspended.

The provisions of § 1, § 2, second sentence, § 3, 7 and 8 shall apply.

§ 10. If the child remains under the care of one Guardian entitled to parental leave in up to 36 months. The provisions of § 1, § 2, second sentence, § 3, 7, 71 and 8 shall apply.



Article. 1861 (repealed) Article. 1862. [to take paid work] § 1. During the parental leave the employee is entitled to take paid work in the current or another employer, or other activities, as well as learning or training, if you do not exclude the possibility of the exercise of the personal custody of the child.

§ 2. If you determine that the employee permanently ceased to exercise personal custody of the child, the employer asks the employee to appear to work by themselves, but not later than within 30 days from the date of becoming aware of such messages and not earlier than after 3 days from the date of the request.

§ 3. (repealed)



Article. 1863. [Resignation of parental leave] the employee may opt out of the parental leave: 1) at any time-with the consent of the employer;

2) after notice of the employer – no later than 30 days before the date of the intended work.



Article. 1864. [marketing] the employer shall be allowed the employee after the end of the parental leave to work on the current position, and if this is not possible, as an equivalent of the occupied before you leave or on another post corresponding to his professional qualifications, for remuneration not lower than the wages of the employee on the day to work on the position occupied prior to the leave.



Article. 1865. [Saving leave for the period of employment] a period of parental leave, on its completion, are included in the period of employment from which depend on employee rights.



Article. 1866. (repealed) Article. 1867. [Request for a reduction of working time] § 1. Employee entitled to parental leave may submit to the employer a written request for a reduction of his working time to a dimension not less than half of the full working hours during the period in which he could benefit from such leave. The employer is obliged to take account of the request of an employee.

§ 2. The proposal referred to in § 1, consists of the 21 days prior to the commencement of work in reduced time. The application shall be accompanied by the documents referred to in regulations issued on the basis of art. 1868a. If an application is submitted without the term, the employer reduces the working time not later than the expiry of the 21 days from the date of submission of the application.



Article. 1868. [protection of employment] § 1. An employer may not terminate or resolve the employment contract during the period from the date of submission by the employee entitled to a parental request for: 1) the granting of parental leave until the end of the leave;

2) reduction of working time – to return to the nieobniżonego working time, no longer than for a total period of 12 months.

§ 2. In the cases referred to in § 1, the solution by the employer of the agreement is permissible only in the event of bankruptcy or liquidation of the employer, and if there are reasons for termination of employment without notice due to the fault of the employee.

§ 3. In the case of an employee of the application referred to in § 1, earlier than 21 days before the beginning of the use of parental leave or reduced working hours, the prohibition referred to in § 1, shall take effect for 21 days before you can use the leave or reduced working hours.

§ 4. In the case of an employee of the application referred to in paragraph 1, after the steps in order to terminate the contract of employment, the agreement resolves within resulting from this action.



Article. 1868a [Delegation] the competent Minister work will determine by regulation: 1) the content of the application for part of the maternity leave, under the terms of maternity leave or any part thereof, or part of the parental and paternity leave or part 2) documents appended to the proposals referred to in paragraph 1, 3) the content of the proposal to opt out of part of the maternity leave, part of the leave under the conditions of maternity , parental leave or part 4) documents appended to the proposals referred to in paragraph 3, 5) the content of the proposal for the use of parental leave or a part thereof with the performance of work at an employer granting such leave, 6) the content of an application for parental leave or a part thereof, 7) documents appended to the application referred to in paragraph 6, 8) the content of the proposal for a reduction of working hours an employee entitled to a parental leave , 9) documents appended to the application referred to in paragraph 8, taking into account the need to ensure the proper implementation of the rights of workers to leave related to parenting and a reduction in working hours and to ensure the proper organisation of working time.




Article. 187. [breaks for feeding] § 1. A worker who is breastfeeding is entitled to two half-hour breaks at work be included in the working time. A female employee who is more than one child is entitled to two breaks, after 45 minutes each. Breaks for feeding may be at the request of the employees shall be granted.

§ 2. Employees hired for less than 4 hours a day feeding breaks are not eligible. If the working time of employees shall not exceed 6 hours a day, it has the one break for breastfeeding.



Article. 188. [the exemption] § 1. The employee who raises at least one child under the age of 14 years old during the calendar year are entitled to exemption from work in dimension 16 hours or 2 days, with the right to remuneration.

§ 2. About how to use in a given calendar year the exemption referred to in § 1, the employee decides in the first application for such exemption made in a given calendar year.

§ 3. Exemption from work, referred to in § 1, shall be granted in terms of hourly, for an employee employed part-time shall be determined in proportion to the working time of the employee. Incomplete hour exemption from work shall be rounded up to a full hour.



Article. 189. [allowance] the right to the allowance for periods of absence from work due to the need to exercise personal care is governed by separate rules.



Article. 1891. [the application of the provisions of the Act] if both parents or guardians of the child are employed, the powers referred to in article 1. 148, paragraph 3, article. 178 section 2, art. 1867 § 1 and article. 188 may use one of them.



The NINTH DEPARTMENT Hiring juvenile chapter I General provisions Art. 190. [Definition of juvenile] § 1. Adolescents within the meaning of the code is a person who graduated from 16 years and does not exceed 18 years.

§ 2. It is prohibited to hire a person who is under 16 years of age.



Article. 191. [Hiring juvenile] § 1. Permitted to employ only those young people who: 1) completed at least high school;

2) will present a medical certificate stating that the work of that type does not endanger their health.

§ 2. A juvenile without professional qualifications may be employed only for the purpose of vocational preparation.

§ 3. The Council of Ministers shall determine by regulation the terms and conditions of apprenticeships and remuneration policies for the juvenile in this period.

§ 4. (repealed) § 5. Minister of labour and social policy, in consultation with the Minister of national education (5) may, by regulation, specify the cases in which exceptionally is acceptable: 1) the employment of adolescents who did not complete high school;

2) release of the juvenile without professional qualifications from the completion of vocational training;

3) hiring people that do not have 16 years old who have completed high school;

4) hiring people that do not have 16 years who have not completed high school.



Article. 192. [obligation to care and assistance] the employer is obliged to provide juvenile employees care and assistance necessary for them to adapt to the proper performance of the work.



Article. 193. [records of juvenile employees] the employer is obliged to keep records of juvenile employees.



Chapter II conclusion and termination of contracts of employment in order to prepare a professional Article. 194. [the application of the provisions of the Act] To the conclusion and termination of juvenile employment contracts for apprenticeships apply the provisions of the code relating to contracts of employment for an indefinite period with the amendments provided for in article 8. 195 and 196.



Article. 195. [Agreement to apprenticeships] § 1. The contract of employment in order to prepare a professional should specify, in particular: 1) the type of preparation (training or training to perform a specific job);

2) time and place of preparation;

3) theoretical training;

4) the amount of remuneration.

§ 2. The Council of Ministers may by Regulation specify the cases in which it is permissible to conclude fixed-term contracts of employment in order to prepare.



Article. 196. [termination] Solution for termination of an employment contract concluded for vocational preparation is permitted only when: 1) compliance with by juvenile obligations arising from a contract of employment or further training obligation, despite the use of educational measures;

2) notice of the bankruptcy or liquidation of the employer;

3) reorganization of the workplace that prevents the continuation of apprenticeships;

4) finding of inadequacy of juvenile work, in terms of the professional background.



Chapter III Training Article. 197. [part training] § 1. Employee of the juvenile is obliged to get additional training to complete 18 years of age.

§ 2. In particular, the employee of the juvenile is obliged to: 1) for further training in the field of primary school and junior high school, if the school not completed;

2) to training in secondary school or in out-of-school.



Article. 198. [Release to learn] the employer is obliged to release a juvenile from work for the time needed to participate in training activities in connection with education.



Article. 199. [Extension training obligation] if the juvenile has not completed apprenticeships before reaching 18 years of age, training obligation, pursuant to the provisions of article 4. 197, may be extended until the completion of vocational preparation.



Article. 200. [Delegation] Minister of labour and social policy, in consultation with the Minister of national education may by Regulation specify the cases in which, exceptionally, it is acceptable to release juveniles from the obligation of further training.



Chapter IIIa Hiring young persons other than professional background Art. 2001. [Employment of juvenile work light] § 1. A juvenile may be employed under a contract of employment for the performance of light work.

§ 2. Light work may not result in danger to life, health and physical and mental development of the juvenile and cannot impede the młodocianemu obligation.

§ 3. List of light work Specifies the employer after obtaining the consent of the doctor performing the tasks of occupational health services. This list requires approval by the competent labour inspector. List of light work may not contain the work of wzbronionych juvenile referred to in regulations issued on the basis of art. 204. section 4. List of light work shall be the employer in terms of work. An employer who is not required to issue regulations, establishes the list of light work in a separate Act.

§ 5. The employer is obliged to review juvenile with a list of light work before allowing it to work.



Article. 2002. [dimension and the distribution of working time juvenile] § 1. The employer shall determine the size and distribution of working time juvenile employed in light work, having regard to the weekly number of hours of study resulting from the curriculum, as well as with school breakdown of juvenile.

§ 2. Weekly working time of juvenile in period of school must not exceed 12 hours. On participation in school activities working time juvenile shall not exceed 2 hours.

§ 3. Working time of juvenile during school holidays may not exceed 7 hours a day and 35 hours a week. Daily working time juvenile aged up to 16 years must not, however, exceed six hours.

§ 4. Working time specified in § 2 and 3 shall also apply in cases where the young person is employed in more than one employer. Before the establishment of the employment relationship the employer is required to obtain from the juvenile employment claims or niepozostawaniu in employment with another employer.



Chapter IV Special health protection Art. 201. [medical examination] § 1. A juvenile is subject to a preliminary medical examination before the adoption and periodic research and control at the time of employment.

§ 2. If the doctor determines that the work endangers juvenile, the employer is obliged to change the nature of the work, and when this is not possible, immediately terminate the contract of employment and pay compensation in the amount of salary for the notice period. Provision of art. 51 § 2 shall apply mutatis mutandis.

§ 3. The employer is obliged to provide information about the risk, which is associated with the work carried out by the juvenile, and the principles of protection against threats also representative and counsel juvenile.



Article. 202. [Time] § 1. Operating time juvenile aged up to 16 years of age may not exceed 6 hours a day.

§ 2. Working time of juvenile over the age of 16 years may not exceed 8 hours per day.

§ 3. The working time of juvenile counts time learning in a dimension resulting from compulsory school, regardless of whether it takes place during working hours.

§ 31. If the daily working time of juvenile is longer than 4.5 hours, the employer is obliged to make a break in the work that lasts continuously for 30 minutes, wliczaną the working time.

§ 4. (repealed)



Article. 203. [working overtime and at night] § 1. Juvenile may not employ in overtime or at night time.


§ 11. Night time for juvenile falls between 2200 hours and 600. In the cases referred to in article 1. 191 § 5 night time falls between the hours of 2000 and 600.

§ 2. Layout of juvenile, covering the time of night should last continuously for not less than 14 hours.

§ 3. Młodocianemu is entitled to each week the right to at least 48 hours of uninterrupted rest, which should include a Sunday.



Article. 204. [no Work] § 1. Do not employ juveniles in the work of the wzbronionych, the list of which shall be determined by a regulation of the Council of Ministers.

§ 2. (repealed) § 3. The Council of Ministers, by regulation, may authorize the employment of young persons over the age of 16 years with certain types of work wzbronionych if you need it to serve apprenticeships, while including special conditions for protecting the health of young persons employed by these works.



Chapter V annual leave parks Article. 205. [the acquisition of the right to leave] § 1. A juvenile is obtained at the end of 6 months from the start of the first job the right to leave in terms of 12 working days.

§ 2. Over a year's work a juvenile is entitled to leave in the dimension 26 working days. However, in the calendar year in which it ends 18 years of age, has the right to leave in 20 working days, if the right to annual leave earned before the age of 18 years.

§ 3. Młodocianemu uczęszczającemu to school must be granted leave during school holidays. Młodocianemu, who has not acquired the right to leave, referred to in § 1 and 2, the employer may, at his request, grant in advance of leave during school holidays.

§ 4. The employer is obliged at the request of the juvenile, working school student, grant him unpaid leave during school holidays in a dimension not exceeding including holiday vacation 2 months. A period of unpaid leave shall include a period of work, from which depend on employee rights.

§ 5. In the case of matters not regulated by the provisions of this chapter to leave rights of adolescents, the provisions of chapter seven.



Chapter VI Craft professional background Art. 206. [Employer who are craftsmen] the provisions of art. 190-205 shall apply mutatis mutandis to the adolescents employed under a contract of professional preparation on employers who are craftsmen.



The TENTH DEPARTMENT occupational health and safety Chapter and the basic obligations of the employer Article. 207. [basic obligations of employer] § 1. The employer is responsible for the State of occupational safety and health in the workplace. The scope of the responsibility of the employer does not affect the obligations of employees in the field of safety and health at work and entrust tasks service occupational safety and health professionals from outside the establishment, referred to in article 1. 23711 § 2.

§ 2. The employer is obliged to protect the health and life of employees by ensuring safe and hygienic working conditions, with appropriate use of achievements of science and technology. In particular, the employer is obliged to: 1) organize work in a way that ensures a safe and healthy working conditions;

2) ensure compliance with labour regulations and the principles of safety and health at work, issue the command remove shortcomings in this area and to control the execution of these commands;

3) respond in ensuring safety and health at work and the measures taken to improve the existing level of protection of health and life of employees, taking into account the changing conditions of work;

4) ensure the development of a coherent policy on preventing accidents at work and professional diseases taking into account technical, organisation of work, working conditions, social relationships and the influence of environmental factors;

5) take into account the health of adolescents, pregnant workers or nursing mothers breastfed and disabled workers in the framework of preventive measures;

6) provide for the execution of the warrants, instances, decisions and orders issued by the supervisory authorities over working conditions;

7) ensure the implementation of recommendations of the social work supervisor.

§ 21. The costs of action taken by the employer to the occupational safety and health may not in any way involve the workers.

§ 3. The employer and the person in charge of the employees are required to know, to the extent necessary to perform the obligations incumbent on them responsibilities, job protection laws, including the rules and principles of health and safety at work.



Article. 2071. [the employer's duty to provide information in the occupational safety and health] § 1. The employer shall provide employees with information about: 1) threats to life and health that occur in the workplace, on individual workstations and performed the work, including the principles of conduct in the event of a failure, and other situations that threaten the health and lives of workers;

2) activities and preventive measures taken to eliminate or reduce the risks referred to in paragraph 1;

3) employees appointed to a) first-aid, b) perform actions in combating fires and evacuate workers.

§ 2. Information about employees, referred to in § 1, paragraph 3, includes: 1) first and last name;

2) the place of performance of the work;

3) office phone number or other means of electronic communication.



Article. 208. [Interoperability employers] § 1. If simultaneously in the same place, doing the work staff employed by different employers, employers have the obligation to: 1) cooperate with each other;

2) designate a Coordinator having oversight of the safety and health at work of all employees ' in the same place;

3) determine the interoperability principles, taking into account the modalities in the event of a threat to the health or life of the worker;

4) inform each other and the employees or their representatives about the activities in prevention work occurring when performed by them.

§ 2. The appointment of the Coordinator, referred to in paragraph 1, does not release the individual employers from the obligation to ensure the safety and health at work employed by them to employees.

§ 3. The employer, where they perform the work staff employed by different employers, is obliged to provide the employers to provide to employees, the information referred to in article 1. 2071. 209. (repealed) Article. 2091. [the employer's Actions in terms of health and safety at work], § 1. The employer is obliged to: 1) provide the necessary measures for first aid in emergencies, fire-fighting and evacuation of workers;

2) designate staff to: (a)) first-aid, b) perform actions in combating fires and evacuate workers;

3) provide connectivity with external services specialized in particular in the field of first aid in an emergency, emergency medical, and fire protection.

§ 2. Activities referred to in paragraph 1, should be adapted to the type and scope of business, number of employees and other persons on the workplace and the type and level of common threats.

§ 3. The number of employees referred to in § 1 paragraph 2, their training and equipment should take into account the type and level of common threats.

§ 4. In the case of employment by the employer only labor or with Disabilities-Act referred to in § 1, paragraph 2, can perform the same employer. Provision in § 3 shall apply mutatis mutandis.



Article. 2092. [obligations of the employer in the case of the possibility of imminent danger to the health and lives of workers] § 1. In the case of the possibility of danger to the health or life of the employer is obliged to: 1) inform employees about these dangers and take action in order to provide them with adequate protection;

2) immediately provide workers with instructions to, in the event of imminent danger, interruption of work and dismiss the threats in place secure.

§ 2. In the event of a direct threat to the health or life of the employer is obliged to: 1) pause and give employees the command being in place safe;

2) until the threat not to issue a command to resume.



Article. 2093. [Action in order to avoid the danger of an instance of the direct threat to the health or life of the worker] § 1. The employer is obliged to allow workers in the event of a direct threat to their health or life or to the health or life of other persons, to take action in order to avoid danger, even without the agreement of the supervisor-as far as their knowledge and the technical means available.

§ 2. Employees who have taken action referred to in paragraph 1, may not suffer any adverse consequences of these activities, provided that they have compromised their duties.



Chapter II rights and obligations of the employee


Article. 210. [not working] § 1. If operating conditions do not correspond to the provisions of the occupational safety and health and pose a direct threat to the health or life of the employee or when performed by the work threatens such a danger to others, an employee has the right to refrain from performing work, notifying them of the immediately superior.

§ 2. If refraining from work does not remove the threat referred to in § 1, the employee has the right to depart from exposure, notifying them of the immediately superior.

§ 21. He may not be any adverse consequence for him due to refrain from work or relief from exposure in the cases referred to in § 1 and 2.

§ 3. By the time refrain from performing work or relief from exposure in the cases referred to in § 1 and 2, the worker retains the right to remuneration.

§ 4. An employee shall have the right, upon prior notice to the superior, refrain from performing work that requires special psychophysical efficiency if his psycho-physical state does not ensure the safe performance of work and poses a danger to other people.

§ 5. The provisions of § 1, 2 and 4 shall not apply to an employee whose duty staff is saving lives or property.

§ 6. Minister of labour and social policy, in consultation with the Minister of health and Social Care [6] shall determine, by regulation, types of work requiring special psychophysical efficiency.



Article. 211. [basic obligations employee] compliance with the rules and principles of health and safety at work is the primary responsibility of the employee. In particular, the employee is obliged to: 1) be familiar with the rules and principles of safety and health at work, take part in the training and instruction of this range and have the required inspection exams;

2) do the work in a manner consistent with the provisions and principles of the health and safety at work and adhere to published in this field commands and instructions of superiors;

3) take care of the appropriate State machinery, equipment, tools and equipment, and the order and order in the workplace;

4 apply collective protection measures), as well as the use of assigned personal protective equipment and clothing and footwear, in accordance with their intended purpose;

5) have the initial, periodic and control and other prescribed medical examination and apply for a medical indication.

6) immediately notify a supervisor about the workplace or event noticed threat human life or health and warn colleagues, as well as other persons in the area of threats menacing the danger;

7) interact with the employer and supervisors in carrying out duties related to the safety and health at work.



Article. 212. [obligations of the person in charge] a person in charge of the employees shall be responsible: 1) organize work in accordance with the provisions and principles of the occupational safety and health;

2) take care of the efficiency of the individual protection measures and their use in accordance with intended purpose;

3) organize, prepare and lead the work, having regard to the protection of workers from accidents at work, occupational diseases and other diseases related to the conditions of the working environment;

4) take care of safe and hygienic condition of the work premises and technical equipment, as well as the efficiency of the collective protection measures and their use in accordance with intended purpose;

5) enforce the staff regulations and rules of health and safety at work;

6) provide for the execution of the doctor holding the health surveillance of workers.



Chapter III the construction and work of Art. 213. [the construction or reconstruction of the] § 1. The employer is obliged to ensure that the construction or reconstruction of the work, which provides for the working area, was carried out on the basis of projects taking into account the requirements of health and safety at work.

§ 2. The work, which includes the working area, should meet the requirements for safety and health at work.

§ 3. Reconstruction of the work, in which there are rooms work, should take into account the improved conditions of safety and health at work.

§ 4. The provisions of § 1-3 shall apply mutatis mutandis in the case where the construction or reconstruction of the concerns the part of the work, in the working area.



Article. 214. [Provide the premises] § 1. The employer is obliged to provide space appropriate to the type of work carried out and the number of employees.

§ 2. The employer is obliged to keep the construction and located in their premises, as well as sites and devices associated with them in a condition for safe and hygienic working conditions.



Chapter IV machinery and other technical equipment Article. 215. [Construction and mechanical engineering] the employer is obliged to ensure that the used machines and other technical equipment: 1) provide a safe and healthy working conditions, and in particular provide an employee from injuries, effects of hazardous chemicals, electric shock, excessive noise, the operation of mechanical vibrations and radiation and harmful and hazardous effects of other factors the working environment;

2) take account of ergonomic principles.



Article. 216. [security machines] § 1. The employer shall be equipped with adequate security machines and other technical equipment, which do not meet the requirements referred to in article 1. 215. § 2. Where the design of the security is dependent on local conditions, equipment, machine or other technical device in the correct security is the responsibility of the employer.



Article. 217. [Declaration of conformity] it is equipping workstations in machinery and other technical equipment, which do not comply with the conformity assessment requirements set out in separate provisions.



Article. 218. [tools] the provisions of art. 215 and 217 shall apply mutatis mutandis to the working tools.



Article. 219. [other devices] the provisions of art. 215 and 217 does not violate the requirements of the provisions relating to machinery and other technical equipment: 1) means of transport by rail, road, sea, inland waterway and air transport;

2) subject to regulations on technical, experienced autonomously;

3) subject to the laws of geological and mining;

4) subject to applicable in units subordinate to the Minister of national defence and the Minister competent for internal affairs;

5) subject to the law.



Chapter V factors and work processes posing a particular threat to the health or life of the Article. 220. [to determine the degree of harmfulness of materials] § 1. It is not allowed the use of materials and technological processes without first determine their degree of harm to the health of workers and take appropriate preventive measures.

§ 2. Minister of health and social welfare in consultation with the Minister of labour and social policy and the relevant Ministers will determine, by way of regulation: 1) the list of units responsible for conducting tests of materials and technological processes in order to determine their degree of harm to health and the scope of these studies;

2) the prohibition or restriction on the use of, or the transport of materials and technological processes due to their harmfulness to health or addiction of their use, marketing or transport, compliance with certain conditions.

§ 3. The provisions of § 2 does not apply to chemical substances and mixtures.



Article. 221. [the use of chemicals] § 1. It is not allowed the use of chemicals and their mixtures unmarked visibly, allowing their identification.

§ 2. It is the use of a dangerous substance, a mixture of dangerous, hazardous substances or mixtures hazardous without a current inventory of these substances and mixtures and sheets, as well as protective packaging before their harmful effects, fire or explosion.

§ 3. The use of a dangerous substance, a mixture of dangerous, hazardous substances or mixtures hazardous is acceptable provided measures to ensure workers the protection of their health and life.

§ 4. Rules for the classification of chemical substances and mixtures thereof in terms of risks to health or life, the list of dangerous chemical substances, requirements for safety data sheets and how they label determine separate rules.

§ 5. (repealed)



Article. 222. [exposure to carcinogens] § 1. In case of employment of a worker in the conditions of exposure to chemicals, mixtures thereof, factors or processes of carcinogenic or mutagenic, the employer replaces these chemical substances, mixtures, or technological processes less harmful to health or other available measures to reduce the degree of exposure, with appropriate use of achievements of science and technology.


§ 2. Employer records all types of work in contact with chemical substances, mixtures, or technological processes of carcinogenic or mutagenic, set out in the list referred to in § 3, and also maintains a register of workers employed in this work.

§ 3. The competent Minister of health in consultation with the competent Minister for Labour Affairs, having regard to the varied properties of chemicals and their mixtures, factors or processes of carcinogenic or mutagenic, their uses and the need to take the necessary precautionary measures against the dangers arising from their application, shall determine, by regulation: 1) the list of chemical substances, mixtures thereof, factors or processes of carcinogenic or mutagenic, and how to register them.

2) keep a register of works, which makes it necessary to remain in contact with chemical substances, mixtures, or technological processes of carcinogenic or mutagenic;

3) keep a register of workers employed in this work;

4) specimens of the documents regarding the exposure of workers to the chemical substances, mixtures, or technological processes of carcinogenic or mutagenic, and how to store and transfer of these documents to the entities competent to resolve or identification occupational diseases;

5) specific conditions for the protection of workers from the risks caused by chemical substances, mixtures, or technological processes of carcinogenic or mutagenic;

6) the conditions and how to monitor the health of workers exposed to chemical substances, mixtures thereof, factors or processes of carcinogenic or mutagenic.



Article. 2221 [Limiting exposure] § 1. In case of employment of the employee in terms of exposure to harmful biological agents the employer shall take all available measures to eliminate exposure, and if this is not possible – restrict the degree of exposure, with appropriate use of achievements of science and technology.

§ 2. The employer shall maintain a record of the work exposes workers to harmful biological agents and the register of workers employed on such works.

§ 3. The competent Minister of health, in consultation with the competent Minister for Labour Affairs, having regard to the diverse biological agents on the human body and the need to take the necessary precautionary measures against the dangers arising from the performance of work in conditions of exposure to biological agents, shall determine by regulation: 1) classification and the list of harmful biological agents;

2) a list of the work exposes workers to biological agents;

3) specific conditions for the protection of workers from the risks caused by harmful biological agents, including the types of measures necessary to ensure the protection of health and life of workers exposed to these factors, the scope of application of these measures and the conditions and how to monitor the health of exposed workers;

4) record-keeping work and employees referred to in § 2, and how to store and transfer of those records to the entities competent to resolve or identification occupational diseases.



Article. 223. [Protection against ionizing radiation] § 1. The employer is obliged to protect workers against ionizing radiation from artificial sources, and natural occurring in the work environment.

§ 2. The dose of ionizing radiation from natural sources, obtained by the employee at work in terms of exposure to this radiation, may not exceed the dose limits specified in separate regulations for artificial sources of ionizing radiation.



Article. 224. [Sudden danger for life] § 1. The employer established that creates the possibility of sudden danger to the health or life of the worker, is obliged to take action to prevent such danger.

§ 2. In the case referred to in § 1, the employer is obliged to provide: 1) corresponding to the type of emergency equipment and rescue equipment and support by people duly trained;

2) first aid to injured.

§ 3. The provisions of paragraph 1 and 2 shall not affect the requirements, specified in separate regulations relating to disasters and other exceptional risks.



Article. 225. [work performed by at least two persons] § 1. The employer is obliged to ensure that the work, where there is a possibility of a specific threat to the health or human life, have been performed by at least two persons, in order to ensure access.

§ 2. The list of works referred to in paragraph 1, shall be the employer after consultation with the workers and/or their representatives, having regard to the rules pursuant to article 114. 23715. Chapter VI health surveillance Art. 226. [risk communication professional] the employer: 1) evaluates and documents the risk associated with their work and the necessary preventive measures to reduce the risk;

2) informs employees about the risk, which is associated with the work, and of the principles of protection against threats.



Article. 227. [Preventing illnesses] § 1. The employer is obliged to take measures to prevent illnesses and other work-related diseases, in particular: 1) kept a constant efficiency devices restricting or eliminating the harmful factors in the working environment, and devices for the measurement of these factors;

2) carry out, at its expense, tests and measurements of factors harmful to health, record and store the results of these tests and measurements and make them available to employees.

§ 2. The competent Minister in charge of health, taking into account the varied effects on the human body of harmful factors present in the working environment and the need to take the necessary precautionary measures before their operation, shall determine by regulation: 1) mode, method, type and frequency of testing and measurements referred to in § 1, paragraph 2;

2) the cases in which it is necessary to conduct continuous measurements;

3) requirements should meet the laboratories performing tests and measurements;

4) how to register and store the results of these tests and measurements;

5) model documents and how you want to share the results of the tests and measurements.



Article. 228. [Inter-agency Committee. Maximum Concentrations] § 1. President of the Council of Ministers shall establish, by regulation, the interservice Commission for Maximum concentrations and Intensities of factors harmful to health in the working environment, specify its permissions, and how to perform tasks.

§ 2. The tasks of the Commission, referred to in § 1:1) submit to the Minister of labour and social policy proposals about the values of maximum concentrations and intensities of factors harmful to health in the working environment – for the purposes set out in paragraph 3;

2) initiating research necessary for the implementation of the tasks referred to in paragraph 1.

§ 3. Minister of labour and social policy, in consultation with the Minister of health and social welfare shall determine, by regulation, a list of maximum concentrations and intensities of factors harmful to health in the working environment.



Article. 229. [medical examination] § 1. The initial medical examination, subject to § 11 shall be: 1) of the person adopted;

2) young workers moved to other jobs and other staff moved on the workstation on which factors harmful to health or a nuisance.

§ 11. The preliminary medical examination shall not be subject to: 1) again to work for the same employer in the same position or a position with the same working conditions within 30 days after the termination or expiration of the previous employment relationship with that employer;

2) accepted to work for another employer for the job within 30 days after the termination or expiration of the previous employment relationship, if the present employer current medical certificate stating the lack of contraindications to work in conditions described in refer to a medical examination, and the employer establishes that these conditions correspond to conditions occurring in the workplace, with the exception of persons admitted to the work is particularly dangerous.

§ 12. Provision of § 11 paragraph 2 shall apply mutatis mutandis in the case of the admission to work at the person in an employment relationship with another employer.

§ 2. The employee shall be subject to regular medical examination. In the case of incapacity for work lasting longer than 30 days, due to illness, the employee shall be subject to control medical examinations also to determine ability to perform work on the current position.


§ 3. Periodic inspection and testing shall be carried out as far as possible during working hours. For performing the work in connection with research conducted an employee retains the right to remuneration, and in the event of the passage of these studies to the village have charges to cover the cost of the journey by the rules on business trips.

§ 4. An employer may not prevent the work of the employee without current medical stating the lack of contraindications to work on a specific position in the operating conditions described in refer to medical examination.

§ 4a. Initial, periodic and control medical examinations shall be carried out on the basis of a referral issued by the employer.

§ 5. Employers of workers in terms of exposure to substances and carcinogens or dust zwłókniających is obliged to provide the employees with periodic medical examination: 1) after the cessation of work in contact with these substances, agents or dust;

2) after termination of the employment relationship, if the person concerned will report the application for such research.

§ 6. The study referred to in paragraph 1, 2 and 5, shall be carried out at the expense of the employer. The employer shall bear the other costs of preventive health care of employees required due to working conditions.

§ 7. The employer is obliged to keep the decision issued on the basis of a medical examination referred to in paragraph 1, 2 and 5.

§ 8. The competent Minister of health in consultation with the competent Minister for Labour Affairs will determine by regulation: 1) the mode and scope of the examinations referred to in § 1, 2 and 5, and the frequency of periodic tests, and how to document and control examinations, 2) mode for issuing and retention of medical certificates for the purposes provided for in this Act and in the regulations issued on its basis , 3) the scope of information covered by referring to a medical examination and judgment, as well as patterns of these documents, 4) the scope of preventive health care, referred to in paragraph 6, second sentence, 5) additional eligibility requirements, which should meet the doctors carrying out the study referred to in paragraph 1, 2 and 5, and with preventive health care referred to in paragraph 6, second sentence, – having regard to the need to ensure the proper conduct and the complexity of the medical referred to in § 1, 2 and 5, preventive health care, referred to in paragraph 6, second sentence, as well as information enabling a comparison of working conditions with the employer, and the protection of personal data of those being tested.



Article. 230. [the symptoms of occupational disease] § 1. If on employee symptoms that indicate the formation of occupational disease, the employer shall, on the basis of a medical certificate, within the time limit and on the time set out in that judgment, move the worker to another job nienarażającej it to the factor that triggered these symptoms.

§ 2. If you transfer to another job lowers wages, the employee shall be entitled to compensatory supplement for a period not exceeding 6 months.



Article. 231. [Inability to perform previous work] the employer, on the basis of a medical certificate, moves to the appropriate employee who became unable to perform his job as a result of an accident at work or occupational disease and has not been declared unfit for work within the meaning of the legislation on pensions and pensions from the social insurance fund. Provision of art. 230 § 2 shall apply mutatis mutandis.



Article. 232. [Free meals and beverages] the employer is obliged to provide employees with employment conditions particularly onerous, free of charge, adequate food and drinks, if this is necessary for prevention. The Council of Ministers shall determine, by regulation, types of these food and drinks and the requirements to meet, as well as cases and the conditions for their issue.



Article. 233. [Device health hygiene] the employer is obliged to provide employees with adequate equipment and sanitary hygiene and provide necessary personal hygiene measures.



Chapter VII accidents at work and occupational diseases Article. 234. [obligations of the employer in the event of an accident] § 1. In the event of an accident at work, the employer is obliged to take the necessary action to eliminate or mitigating, provide first aid to injured persons to grant and to determine the mode and cause of the accident and take appropriate measures to prevent similar accidents.

§ 2. The employer is obliged to immediately notify the competent district labour inspector and the prosecutor about a deadly, or a collective work, and any other accident that caused these effects, the relationship with the work, if it can be considered an accident at work.

§ 3. The employer is obliged to keep a register of accidents at work.

§ 31. The employer is obliged to keep the Protocol establishing the circumstances and causes of an accident at work along with the remaining papers powypadkową for 10 years.

§ 4. The costs associated with determining the circumstances and causes of accidents at work shall be borne by the employer.



Article. 235. [diagnosis of occupational disease] § 1. The employer is obliged to immediately report to the competent public health supervisor and the competent regional labour inspector every case of suspected occupational diseases.

§ 2. The obligation, referred to in § 1, also applies to the competent entity physician diagnosis of occupational disease, referred to in the regulations issued on the basis of art. 237 § 1 paragraph 6.

§ 21. In any case of suspected occupational disease: 1), 2) dentist, who in the performance of the profession has such suspicion of the patient-guided research in order to give a ruling on the diagnosis of an occupational disease, or of the lack of grounds for its diagnosis.

§ 22. When the suspected occupational diseases might also make an employee or former employee who suspects that his symptoms may indicate the disease, the worker is currently employed throws suspicion through a doctor holding the above preventive health care.

§ 3. If the diagnosis of occupational disease worker, the employer is obliged to: 1) determine the causes of occupational diseases and the nature and size of the threat of the disease, acting in agreement with the relevant State Sanitary Inspector;

2) proceed immediately to remove the factors giving rise to an occupational disease and other necessary preventive measures;

3) ensure the implementation of recommendations.

§ 4. The employer is obliged to keep records covering cases identified occupational diseases and suspicion of such disease.

§ 5. The employer shall send a notice of the consequences of occupational disease to the Institute of occupational medicine indicated in the regulations issued on the basis of art. 237 section 11 and to the appropriate state sanitary inspector.



Article. 2351. [the definition of occupational disease] an occupational disease is considered a disease listed in the list of occupational diseases, if, as a result of the evaluation of the working conditions we can conclude without doubt or with high probability, that it has been caused by factors harmful to health occurring in the work environment or in connection with performing the work, called "occupational exposure".



Article. 2352. [Period in which may be the diagnosis of occupational disease] diagnosis of occupational disease in the employee or former employee may take place during the period of his employment in professional or after completion of the work in this exposure, provided an instance of documented symptoms during the period set out in the list of occupational diseases.



Article. 236. [analysis of the causes of accidents at work] the employer is obliged to systematically analyze the causes of accidents at work, occupational diseases and other diseases associated with the conditions of the working environment and on the basis of the results of these analyses to take appropriate preventive measures.



Article. 237. [Delegation] § 1. The Council of Ministers shall determine by regulation: 1) the manner of and procedure for determining the circumstances and causes of accidents at work and their documentation, as well as the scope of information included in the register of accidents at work, 2) salvage team, 3) the list of occupational diseases, 4) the period during which an instance of documented symptoms to diagnosis of occupational disease despite early exit in a professional , 5) the manner of and procedure for reporting suspicions, recognition and validation of occupational diseases, 6) bodies competent on the recognition of occupational diseases – having regard to the current knowledge of the pathogenesis and epidemiology of the diseases caused by harmful factors for humans that occur in the work environment and guided by the need to prevent accidents at work and occupational diseases.

§ 11. The Council of Ministers shall indicate by way of regulation, the Institute of occupational medicine, to which the employer shall send a notice of the consequences of occupational disease, and the period within which it is to be sent, with a view to specialization of the Institute and the nature of the carried out research in it.


§ 2. The competent Minister work will determine, by regulation, determine the protocol design circumstances and causes of an accident at work that contains data about the victim, the composition of the team of salvage, accident and its consequences, a statement that the case is or is not an accident at work, and the conclusions and recommended preventive measures, as well as the letter, for the parties to the accident.

§ 3. The competent Minister work will determine, by regulation, the statistical pattern card of an accident at work, taking into account the data on employers, the victim, an accident at work, as well as its effects and the way and terms of its preparation and transmission to the competent Statistical Office.

§ 4. The competent Minister in charge of health shall determine by regulation: 1) way of documenting occupational diseases and the effects of these diseases, as well as the keeping of registers of occupational diseases, having regard in particular to the model documents used in the proceedings concerning these diseases and the data covered by the register.

2) (repealed) Article. 2371. [benefits in respect of accidents at work], § 1. A worker who sustains an accident at work or contracted an occupational disease specified in the list referred to in article 1. 237 § 1 paragraph 3, be entitled to social security benefits, specified in separate regulations.

§ 2. A worker who sustains an accident at work, the employer is entitled to compensation for loss or damage in connection with the accident personal effects and items necessary for the performance of work, with the exception of the loss of or damage to motor vehicles, and monetary values.



Chapter VIII Training Article. 2372. [occupational health and safety curricula] Minister of national education shall ensure mainstreaming occupational safety and health and ergonomics in the curricula in schools, after agreeing the scope of this issue with the Minister of labour and social policy.



Article. 2373. [OSH Training] § 1. Do not allow the employee to work, for whose exercise does not have the required qualifications or skills, as well as a sufficient knowledge of the rules and the rules for safety and health at work.

§ 2. The employer shall provide employee training in occupational safety and health before allowing it to work and conduct periodic training in this regard. Employee training before being allowed to work is not required in the case of the work on the same job, that he was in the employer directly before the establishment of the employer in the next contract.

§ 21. The employer is obliged to complete training in the field of safety and health at work to the extent necessary to perform the obligations incumbent on it. This training should be repeated periodically.

§ 3. The training referred to in paragraph 2, shall take place during working hours and at the expense of the employer.



Article. 2374. [instructions and guidance on health and safety at work], § 1. The employer is obliged to workers ' representatives with the provisions and principles of the occupational safety and health concerning the performed by them.

§ 2. The employer is obliged to issue detailed instructions and guidelines on occupational safety and health in the workplace.

§ 3. The employee is obliged to confirm in writing to become acquainted with the provisions and the principles of safety and health at work.



Article. 2375. [Delegation] the competent Minister work will determine, by regulation, detailed rules for training in the field of health and safety at work, the scope of the training, the requirements for the content and implementation of the programmes of training, how to document the training, and the cases in which the employers or employees may be exempted from certain types of training.



Chapter IX personal protective equipment and clothing and footwear Articles. 2376. [protective] § 1. The employer shall provide personal protective equipment free of charge to the worker protection against hazardous and harmful factors present in the working environment and to inform it about the use of these measures.

§ 2. (repealed) § 3. The employer shall provide the employee personal protective equipment, that meet the requirements for the assessment of conformity specified in separate regulations.



Article. 2377. [clothing and footwear] § 1. The employer shall provide the employee free of clothing and footwear, which meet the requirements of Polish Standards: 1) if the employee's own clothing may be destroyed or considerably soiling;

2) due to technological requirements, sanitary or health and safety at work.

§ 2. The employer may determine the position, on which you may use by employees, with their consent, their own clothing and footwear, which meet the requirements of health and safety at work.

§ 3. Recipe section 2 does not apply to positions that are performed the work with the direct support of machinery and other technical equipment or works causing intense soiling or contamination of clothing and footwear chemicals or radioactive or infectious biological materials.

§ 4. From a worker's own clothing and footwear, according to § 2, the employer shall pay the cash equivalent of taking into account their current prices.



Article. 2378. [interaction with trade unions] § 1. The employer shall determine the types of personal protective equipment and clothing and footwear, the use of which for certain positions is necessary in connection with the article. 2376 § 1 and article. 2377 § 1, and the anticipated service life of clothing and footwear.

§ 2. Personal protective equipment and clothing and work boots, referred to in article 1. 2376 § 1 and article. 2377 § 1, are the property of the employer.



Article. 2379. [marketing] § 1. An employer may not allow the employee to work without personal protective equipment and clothing and footwear, intended for use on the workplace.

§ 2. The employer is obliged to ensure that used personal protective equipment and clothing and footwear have protective properties and utilities, and provide up their laundry, maintenance, repair, extraction and decontamination.

§ 3. If the employer cannot provide washing work clothes, these steps may be performed by the employee, provided payment by the employer of a cash payment of the costs incurred by the employee.



Article. 23710 [storage, laundry and maintenance] § 1. The employer is obliged to ensure that the personal protective equipment and clothing and footwear, which as a result of the application in the process of work were contaminated with chemical or radioactive or infectious biological materials were stored only in a place designated by him.

§ 2. Giving an employee the laundry, maintenance, dust removal and decontamination of the objects referred to in § 1, is unacceptable.



Chapter X health and Safety Service Article. 23711. [OSH Service] § 1. Employer employing more than 100 workers creates a duty of safety and health at work, hereinafter referred to as "occupational health and safety at work", to perform advisory functions and control occupational health and safety, and the employer to 100 employees health and safety service tasks entrusted to an employee employed in another job. The employer who has completed the training necessary to perform the tasks of occupational health and safety services can perform tasks of this service if: 1) employs up to 10 employees or 2) employs up to 20 employees and is qualified for group activities, for which it was established is not higher than the third category of risk within the meaning of the provisions on social insurance by virtue of accidents at work and occupational diseases.

§ 2. The employer, in the absence of competent staff-may entrust the execution of tasks service occupational health and safety specialists from outside the workplace. Employee health and safety service and the worker another job, entrusted with the execution of tasks of OSH services, referred to in paragraph 1, as well as a specialist outside the workplace should comply with the eligibility requirements necessary to perform the tasks of occupational health and safety services and complete a training course in the field of safety and health at work for the employees of this service.

§ 3. Employee health and safety service and the worker another job, entrusted with the execution of tasks of this service, may not be any adverse consequences for them because of the exercise of the tasks and powers of the occupational health and safety services.

§ 4. The competent labour inspector may order the establishment of health and safety at work service, or to increase the number of employees of this service, if this is justified by the identified threats.

§ 5. The Council of Ministers shall determine by regulation: 1) the detailed activities, powers, organization, and compliance with health and safety services;

2) the qualifications required to perform the tasks of occupational health and safety services.



Chapter XI consultation on occupational health and Safety Commission and health and safety at work Art. 23711a. [Consultation] § 1. The employer shall consult with employees or their representatives of all activities related to safety and health at work, in particular concerning:


1) changes in work organization and workplace equipment, introduction of new technological processes and chemical substances and their mixtures, if they pose a threat to the health or life of the worker;

2) risk assessment occurring in the performance of specific work and inform employees of the risk;

3) create health and safety services or entrust the exercise of the tasks of this service to others and determination of first-aid workers, as well as perform actions in the field of fire-fighting and evacuation of workers;

4) allocation of workers of personal protective equipment and clothing and footwear;

5) training of staff in the field of safety and health at work.

§ 2. Employees or their representatives may submit the employer proposals to eliminate or reduce occupational hazards.

§ 3. The employer shall provide adequate conditions to carry out the consultations and, in particular, shall ensure to take place during working hours. For time not worked in connection with consulting workers and/or their representatives retain the right to remuneration.

§ 4. A substantiated request of employees or their representatives on matters of health and life of employees of the national labour inspection labour inspectors shall carry out checks and apply legal measures provided for in the legislation on State labour inspection.

§ 5. The employer, in which was established the Commission for occupational safety and health-consultations referred to in paragraph 1 may be carried out within the framework of the Commission, while the permission referred to in § 2 and 4, you have employees or their representatives in the Commission.

§ 6. Workers and/or their representatives cannot be held any adverse consequence for them in respect of the activities referred to in paragraph 1, 2 and 4. This also applies to employees or their representatives, referred to in § 5.



Article. 23712. [occupational health and Safety Commission], § 1. Employer with more than 250 employees shall appoint the Commission of safety and health at work, hereinafter referred to as "the Commission health and safety at work", as its advisory body and opiniodawczy. In the safety and Health Commission shall enter into an equal number of representatives of the employers, including health and safety professionals and with preventive health care of the employees, and the employees ' representatives, including social work supervisor.

§ 2. The President of the Commission, bhp is the employer or the person authorized by him, and the Vice-President of the social work supervisor or employee representative.



Article. 23713. [Task of the Commission] § 1. Health and Safety Commission's task is to review the working conditions, periodic assessment of the State of occupational safety and health, reviewing undertaken by the employer measures to prevent occupational accidents and illnesses, the formulation of proposals for the improvement of working conditions and interaction with the employer in implementing its responsibilities for health and safety at work.

§ 2. Health and safety Committee meetings take place during working hours, at least once a quarter. For time not worked in connection with occupational health and safety Committee meetings, the employee retains the right to remuneration.

§ 3. Health and Safety Commission in connection with the performance of the tasks listed in paragraph 1 uses the expertise or specialists from outside the workplace in cases agreed with the employer and at his expense.



Article. 23713a. [representatives] workers ' representatives referred to in article 1. 23711a and article. 23712, shall be chosen by the company trade union organisations, and, if the employer such organisations do not work by employees, in a workplace.



Chapter XII the responsibilities of the authorities exercising supervision of undertakings or other organizational units of State or local governments Article. 23714. [obligations of the authorities supervising] Authorities controlling companies or other organizational units of State or local governments are required to take action to shape the safe and hygienic working conditions, in particular: 1) provide businesses, offices and agencies of the assistance in the performance of tasks of security and health at work;

2) make, at least once a year, to assess the State of health and safety at work in enterprises and agencies and directions of the improvement of the condition;

3) where appropriate and possible, to initiate and conduct research on the health and safety at work.



Chapter XIII provisions of the occupational safety and health concerning the execution of the work in the various branches of Art work. 23715 [Delegation] § 1. Minister of labour and social policy, in consultation with the Minister of health and social welfare shall determine, by regulation, the General provisions of occupational safety and health on work carried out in the different branches.

§ 2. The Ministers competent for specific branches of work or types of work, in consultation with the Minister of labour and social policy and the Minister of health and social welfare shall determine, by regulation, the provisions of the occupational safety and health for these branches or works.



ELEVENTH DEPARTMENT collective chapter I General provisions Art. 238. [Definitions] section 1. Whenever in the rules Department is talking about: 1) ponadzakładowej trade union organisations – should be understood as a trade union organization, the National Trade Union, an Association (Federation) of trade unions or nationwide organization międzyzwiązkową (Confederation);

2 trade union organisation – staff representative) understood Union organisation of employees for which the system is contained. This also applies to associations (the Federation) of trade unions, which includes trade union organisations, as well as the national organization międzyzwiązkowej (Confederation) of such trade unions or associations (federations) of trade unions.

§ 2. The provisions of chapter relating to: 1) agreement, shall apply mutatis mutandis to the ponadzakładowego and the company;

2) employers shall apply mutatis mutandis to the employer.



Article. 239. [Page Layout] § 1. The layout is for all employees employed by employers covered by its provisions, unless the parties decide otherwise in the agreement.

§ 2. The layout can be covered by the person providing the work on a different basis than the employment relationship; the layout can also be covered by the retirees and pensioners.

§ 3. The layout is not for: 1) of the members of the body of the civil service;

2) employees Government employees on the basis of the appointment and the appointment;

3) General workers employed on the basis of selection, appointment and the appointment in: a) Marshall's offices, b) starostwach district, c) municipal offices, d) offices (their counterparts) associations of local government units, e) offices (their counterparts) administrative units of local government units;

4) judges, assessors and prosecutors.



Article. 240. [content of agreement] § 1. The layout specifies: 1) the conditions to which should correspond to the content of the employment relationship, subject to § 3;

2) mutual obligations of the parties to the, including the application of the agreement and comply with its provisions.

§ 2. The system can identify any other cases than those referred to in § 1, unregulated by law work in mandatory manner.

§ 3. The layout may not infringe the rights of third parties.

§ 4. The conclusion of the agreement for workers employed in the units of local government and budgetary establishments can take place only within the framework of the financial resources at their disposal, including the remuneration determined on the basis of separate provisions.

§ 5. Application to register agreement concluded for the employees in the unit and the general budgetary establishments should contain a statement of the authority which created the entity or took over the functions of such a body, meet the requirement referred to in paragraph 4.



Article. 241. (repealed) Article. 2411. [Arrangements], specifying mutual obligations in the application of the agreement, may in particular determine: 1) publication layout and distribute its content;

2) mode making periodic evaluations of the functioning of the agreement;

3) mode explaining content provisions of the agreement and the settlement of disputes between the parties in this regard.

4) (repealed) Article. 2412. [Negotiations] § 1. The conclusion of the agreement follows by negotiation.

§ 2. The person with the conclusion of the initiative is obliged to notify any union organization representing workers, for which you want the included layout, to jointly conduct the negotiations by all trade unions.

§ 3. The party entitled to the conclusion of the may not refuse the request of the other party negotiations: 1) with a view to concluding an agreement for employees not covered by the agreement;

2) in order to change the layout of a reasoned opinion an important change of the economic situation or financial employers or deterioration of the financial situation of workers;

3) if the request was made not earlier than 60 days before the expiry of the period for which the layout has been included, or after the date of termination of the agreement.




Article. 2413. [the course of the negotiations] § 1. Each Party shall conduct negotiations in good faith and with respect for the legitimate interests of the other party. This means in particular: 1) taking into account demands of the federal organization of legitimate economic situation employers;

2) refraining from ejecting postulates, which clearly exceed the financial capabilities of employers;

3) respect for the interests of workers not covered by the agreement.

§ 2. Page layout may specify the mode for the settlement of disputes related to the subject of collective bargaining or other contentious issues that may arise in the course of these negotiations. In this case, you do not have to apply the rules of resolving collective disputes, unless the parties decide on their application within a specified range.



Article. 2414. [the employer's Information about the economic situation] § 1. The employer is obliged to grant the representatives of trade unions leading the prognosis information about your economic situation within the scope of a negotiated and necessary for the conduct of responsible negotiations. This applies in particular to information covered by the reporting by the Central Statistical Office.

§ 2. Trade Union representatives shall be required not to disclose from the employer information, the secret of companies within the meaning of unfair competition.

§ 3. At the request of either party the expert may be appointed, whose task is to present the opinion in matters relating to the subject matter of the negotiations. The cost of expertise cover page which ordered the appointment of an expert, unless the parties agree otherwise.

§ 4. The provisions of § 1-3 shall not affect the provisions on the protection of classified information.



Article. 2415. [arrangement] § 1. The layout is in a written form for an indefinite period or for a specified period.

§ 2. In the layout is determined by the scope of its duration and the headquarters of the parties to the Treaty.

§ 3. Before the expiry of the term of the agreement concluded for a specified period may extend its validity for a specified period or to recognize the layout being incorporated for an indefinite period.



Article. 2416. [the interpretation of the provisions of the agreement] § 1. The content of the provisions of the agreement together to explain his side.

§ 2. Explain the content of the provisions of the agreement, made jointly by the parties to the agreement are also parties which have concluded the agreement on implementation of this agreement. The explanation shall be made available to the parties to the agreement.



Article. 2417. [solution] § 1. Layout fixes: 1) on the basis of the consistent statements by the parties;

2) with the expiry of the period for which has been contained;

3) with the expiry of the period of notice by one of the parties.

§ 2. Statement by the parties to the dissolution and termination of the agreement shall be in writing.

§ 3. The period of notice the layout is three calendar months, unless the parties decide otherwise in the agreement.

§ 4. (has power) § 5. (repealed)



Article. 2418. [Conditions of acquisition employees] § 1. In a period of one year from the date of transition at the workplace or part thereof for a new employer to employees the provisions of the agreement, which were covered before entering the workplace or part thereof for a new employer, unless separate rules provide otherwise. The provisions of that agreement shall apply in the version in force on the day of the workplace or part thereof for a new employer. The employer may apply to these employees more favourable conditions than under your existing layout.

§ 2. After the expiry of the period of application of the existing system resulting from the terms and conditions of employment or other acts which establish the employment relationship shall apply until the end of the period of notice. Provision of art. 24113 § 2, second sentence, shall apply.

§ 3. If, in the cases referred to in § 1, the new employer takes over other persons covered by the system in force in the existing employer, apply provisions of the agreement regarding these individuals for a period of one year from the date of acquisition.

§ 4. If employees before their acquisition were included in the ponadzakładowym system in force in the new employer, the provisions of § 1-3 shall apply to the agreement.



Article. 2419. [protocols] § 1. Changes to the agreement is amended by the additional protocols. To the Protocols shall apply mutatis mutandis the provisions relating to the agreement.

§ 2. If the system has been contained by more than one trade union organization, by its duration for all activities related to this Agreement shall take the trade union organisations that have concluded, subject to § 3 and 4.

§ 3. Page layout may agree to in the rights and obligations of the parties she joined the trade union organization, which has not concluded an agreement.

§ 4. Trade Union Organization, which after the conclusion of the agreement has become a representative pursuant to art. 24117 or article. 24125a § 1, can join in the rights and obligations of the parties of the agreement, by submitting a statement for this purpose parties to this agreement. To the factory trade union organizations art. 24125a § 3-5 shall apply mutatis mutandis.

§ 5. Information about joining the trade union organisation in the rights and obligations of the be notified to the registry.



Article. 24110. [agreement on implementation of the agreement] § 1. Parties entitled to the conclusion of the may conclude an agreement on implementation, in whole or in part, the layout of which they are not parties. The agreement shall apply mutatis mutandis the provisions relating to the agreement.

§ 2. Registration authority the agreement referred to in paragraph 1, it shall inform the parties to the Treaty on the registration of this agreement.

§ 3. Changing the provisions of the agreement by the parties, which have entered into this arrangement, does not change the contents of the agreement, referred to in § 1.



Article. 24111. [Record layouts] § 1. The layout is subject to registration in a register maintained for: 1) collective agreements by the Minister responsible for Labour Affairs;

2) systems company by the competent district labour inspector.

§ 2. The layout included in accordance with the law shall be subject to registration within: 1) three months – in relation to the ponadzakładowego, 2) one month – in relation to the company, from the date of submission of the application in this case by one of the parties to the Treaty.

§ 3. If the provisions of the agreement are unlawful, the body authorized to register may: 1) with the consent of the parties to the Treaty to enter the registry layout without these provisions;

2) invite the parties to make the layout changes within 14 days.

§ 4. If the parties to the agreement do not agree on the type system to the registry without the provisions of unlawful or not make, within the appropriate changes in the layout, the authority empowered to register the system refuses his registration.

§ 5. Within 30 days from the date of notification of the refusal to register may be appealed: 1) to the parties to the agreement ponadzakładowego-District Court-Court Work and social security in Warsaw;

2) parties to applicable to share system headquarters the employer of the District Court is a court.

The court resolves the case in the provisions of the code of civil procedure of non-contentious business.

§ 51. A person with a legal interest may, within 90 days from the date of registration of the agreement, apply to the authority which has registered the system, provided that it has been concluded in breach of the provisions on the conclusion of collective agreements. Reservation should be made in writing and contain a statement of reasons.

§ 52. Registration authority within 14 days after receiving the objections referred to in § 51, invite the parties to submit documents and explanations necessary for the consideration of objections.

§ 53. If you find that the layout was in breach of the provisions on the conclusion of collective agreements, registration authority invite the parties to address these anomalies, unless their removal is not possible.

§ 54. Where: 1) of the agreement do not provide within the prescribed time limit, being not less than 30 days, documents and explanations referred to in § 52, or 2) the parties to the agreement within the time limit, being not less than 30 days, remove the irregularities referred to in § 53, or removing this irregularity is not possible, the registration authority shall be deleted from the register system. Provision of § 5 shall apply mutatis mutandis.

§ 55. Conditions of employment contracts or other acts which are the basis for establishing the employment relationship resulting from the deleted from the registry systems, in effect until the expiration of the period of notice. Provision of art. 24113 § 2, second sentence, shall apply.

§ 6. The competent Minister of work in order to ensure uniform rules of registration of collective agreements and keep a register of those agreements shall determine, by regulation, procedures on registration of collective agreements, in particular the conditions for the submission of applications for entry in the register and on the registration system, the scope of information covered by these applications and the documents appended to the conclusions, the effects of the failure to the requirements relating to the form and content of applications as well as the deletion of the registry, as well as how to keep a register and register Act and designs registration clauses and registered cards.



Article. 24112. [entry into force of the agreement] § 1. The arrangement shall enter into force on the date specified therein, not earlier than the date of registration.


§ 2. The employer is obliged to: 1) notify employees about the entry into force of the agreement, changes to the layout and the termination and dissolution of the agreement;

2 the works trade union organization) provide the necessary number of copies of the agreement;

3) at the request of the employee share access to text layout and explain its contents.



Article. 24113 [more favourable and less favourable provisions of the agreement] § 1. More favourable provisions of the agreement, on the date of its entry into force, replace the power of rights under existing labour laws and conditions of the employment contract or other Act which is the basis for establishing the employment relationship.

§ 2. Provisions of the agreement less favourable for employees is amended by way of notice to employees of the existing terms of the contract of employment or other Act which is the basis for establishing the employment relationship. Upon termination of the existing terms of the contract of employment or other act giving rise to establish an employment relationship do not apply rules limiting the admissibility of speaking terms of such an agreement or the Act.



Ponadzakładowy chapter II collective Art. 24114. [Page Layout] § 1. Ponadzakładowy a collective labour agreement, hereinafter referred to as "the ponadzakładowym", include: 1) on the part of the competent authority of the trade union organization ponadzakładowej with an explicit staff;

2) from their employers, the competent authority on a statutory basis of employers ' organizations – who are members of the employers ' organisations.

§ 2. (repealed) § 3. (repealed)



Article. 24114a. [authorization for the conclusion of the] § 1. If the ponadzakładowa organization of Trade Union that represents the workers, for which it is to be included ponadzakładowy system, is part of the Association (Federation) of trade unions or nationwide organization międzyzwiązkowej (Confederation), to the conclusion of the agreement is entitled, subject to paragraph 2, only the ponadzakładowa trade union organisation.

§ 2. The national organization międzyzwiązkowa (Confederation) is involved in the negotiations, and contains the layout of ponadzakładowy in place of its composition of collective trade union organisations, representing the workers, for which the system is to be included and which have received the representativeness pursuant to art. 24117 § 3 only in case of referral to it a reasoned written request to this effect by at least one of the other collective trade union organisations engaged in negotiations on the conclusion of that agreement. The organization requested, may refuse to accede to collective bargaining; the refusal has the effect of depriving the representativeness for the needs of the particular layout ponadzakładowego all organizations, which should join the Organization to which the request was addressed.

§ 3. If the employers ' organisation bringing together employers, who are to be included in the ponadzakładowym system, is part of a Federation or Confederation, the right to the conclusion of the entitled Organization, in which employers are directly associated.



Article. 24115 [Initiative conclusion of] the right to present an initiative on the conclusion of the ponadzakładowego: 1) employers ' organisations empowered to conclude the agreement on the part of employers.

2 ponadzakładowej trade union organization) for each representing workers, for which it is to be included.



Article. 24116. [Negotiations] § 1. If workers, for which it is to be included the layout of ponadzakładowy, represents more than one federal organization, the negotiations to conclusion of the leads their joint representation or trade union organizations acting jointly.

§ 2. If within the time limit set by the person with the conclusion of the ponadzakładowego, not less than 30 days from the date of filing of the conclusion of the initiative, not all trade unions to bargain in the mode specified in § 1, to conduct negotiations are authorized trade unions, which joined the negotiations. These negotiations are carried out as specified in § 1.

§ 3. Condition the conduct of negotiations, referred to in § 2, is taking part in them at least one representative trade union organization within the meaning of article ponadzakładowej. 24117. § 4. If, prior to the conclusion of the agreement will be created ponadzakładowa Union Organization, it has the right to join the negotiations.

§ 5. The layout of the ponadzakładowy contain all the trade unions, which led the prognosis on this system, or at least all of the representative trade union organisations, within the meaning of article 3. 24117, participating in the negotiations.



Article. 24117. [a representative trade union organisation] § 1. Representative of the Union Organization is ponadzakładowa Union Organization: 1) representative within the meaning of the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240);

2) comprising at least 10% of all workers covered by the scope of the operation of the Statute, no less than ten thousand workers, or 3) bringing together the largest number of employees, for which it is to be included the specified layout ponadzakładowy.

§ 2. A request for the representativeness of the trade union organization ponadzakładowa, referred to in § 1 point 2 and 3, apply to the District Court in Warsaw that it seems in this case the decision within 30 days from the date of submission of the application, the provisions of the code of civil procedure of non-contentious business.

§ 3. In the case of the representativeness of the national organization międzyzwiązkowej (Confederation) under the law become the representative included in its national trade unions and associations (federations) of trade unions.



Article. 24118. [extension of the application of the agreement] § 1. On a joint proposal from the employers ' organisations and trade union organisations that have concluded collective ponadzakładowy system, the competent minister may, when required by a valid public interest-extended, by regulation, the application of this agreement in whole or in part on workers at an employer not subject to any ponadzakładowym system, established the same or similar to the activities of the employers covered by the hand, determined on the basis of separate provisions relating to the classification of activities , after consultation with the employers or employers ' organisations by the indicated works trade union organization and, if this works with the employer.

§ 2. Request to extend the application of the ponadzakładowego should indicate the name of the employer and his seat, and the justification for application of extension ponadzakładowego and contain the information and documents necessary to establish the requirements referred to in § 1.

§ 3. (repealed) § 4. Application of extension ponadzakładowego is not longer than the time of entry for the employer to other layout ponadzakładowym.

§ 5. To the request for waiver of the extension of the application of the agreement shall apply mutatis mutandis the provisions of § 1 and 2 and article. 2418 § 2.



Article. 24119 [organizational transformations, the parties to the Treaty] § 1. In the event of a merger or Division of the Organization of the Trade Union or employers ' organizations, which has concluded the layout of ponadzakładowy, its rights and obligations are transferred to the organization formed as a result of the merger or Division.

§ 2. In the event of termination of employers ' organisations or any trade union organisations, party ponadzakładowego system, the employer may waive the application of ponadzakładowego in whole or in part after the expiry of a period of at least equal to the period of notice of the agreement, by submitting a written statement to the rest of the site. Provision of art. 2418 § 2 shall apply mutatis mutandis.

§ 3. (repealed) § 4. Information relating to the matters referred to in paragraph 1 and 2 shall be notified to the registry.



Article. 24120. (repealed) Article. 24121. (repealed) chapter III Share collective Article. 24122. (repealed) Article. 24123. [the company] Share a collective labour agreement, hereinafter referred to as "the company", contains the employer and trade union organization works.



Article. 24124 [Initiative conclusion of] the right to present an initiative on the conclusion of the share shall be entitled to: 1);

2) each federal organization works.



Article. 24125. [Negotiations] § 1. If workers, for which it is to be included the share system, represents more than one federal organization, the negotiations to conclusion of the leads their joint representation or trade union organizations acting jointly.

§ 2. If within the time limit set by the person with the conclusion of the share, not less than 30 days from the date of filing of the conclusion of the initiative, not all trade unions to bargain in the mode specified in § 1, to conduct negotiations are authorized trade unions, which joined the negotiations. These negotiations are carried out as specified in § 1.

§ 3. Condition the conduct of negotiations, referred to in § 2, is taking part in them at least one representative of the factory trade union organization within the meaning of the provisions of article 4. 24125a. § 4. If, prior to the conclusion of the agreement will be the works trade union organisation, it has created the right to join the negotiations.


§ 5. The share system include all the trade unions, which led the prognosis on this system, or at least all the representative trade union organisations, within the meaning of article 3. 24125a, participating in the negotiations.



Article. 24125a. [a representative trade union organisation works] § 1. A representative trade union organisation trade union organization is the works: 1) which is the organizational unit or organization membership ponadzakładowej union organisations declared representative under art. 24117 § 1 paragraph 1, provided that it has at least 7% of workers employed with the employer, or 2) comprising at least 10% of the employees working with the employer.

§ 2. If none of the occupational trade union organisations does not meet the requirements referred to in § 1, a representative trade union organisation works JAA is the largest number of employees.

§ 3. In determining the number of workers affiliated to the trade union organization of the works referred to in § 1 and 2, account shall be taken only of workers belonging to the Organization for a period of at least 6 months prior to negotiations on the conclusion of the share. If the employee belongs to several occupational unions, can only be included as a member of the one indicated by the trade union organization.

§ 4. Trade Union Organization, prior to the conclusion of the may company share layout report participants leading negotiations on the conclusion of that agreement a written disclaimer to meet by another Union representativeness criteria organization the works referred to in § 1 and 2; the right to claim are also entitled to the employer.

§ 5. In the case referred to in § 4, factory organization Union against which the complaint was made, apply to the District Court-the labour court competent for the registered office of the employer with the application for a declaration of its representativeness. The Court shall issue a decision on the matter within 30 days of the date of submission of the application, the provisions of the code of civil procedure of non-contentious business.



Article. 24126. [the provisions of the share system and the provisions of the agreement ponadzakładowego] § 1. The provisions of the share may not be less favourable to the workers than the provisions covering their ponadzakładowego system.

§ 2. The share system must not specify the terms of remuneration of workers on behalf of the employer's workplace, within the meaning of article 3. 128 § 2, paragraph 2, and managers undertaking work on a different basis than the employment relationship.



Article. 24127. [suspension of the application of the agreement] § 1. Due to the financial situation of the employer the company may enter into an agreement to suspend the application of the employer, in whole or in part, of this agreement and the ponadzakładowego or one of them, for a period not exceeding 3 years. If the employer is only the layout of the ponadzakładowy, the agreement to suspend the application of this agreement, or some of its provisions may include parties entitled to the conclusion of the share.

§ 2. The agreement referred to in paragraph 1, be notified to the registry as appropriate systems company or collective agreements. In addition, information about the suspension of the application of ponadzakładowego the parties to the agreement shall communicate to the parties to this agreement.

§ 3. To the extent and for the time specified in the agreement referred to in paragraph 1, shall not apply under the law arising from the ponadzakładowego and the share of the terms of employment contracts and other acts as a basis to establish an employment relationship.



Article. 24128. [Economic Organization] § 1. The share system can span more than one employer, if the employer you are part of the same legal entity.

§ 2. Negotiations on the conclusion of the share system lead: 1) the competent authority of a legal person, as referred to in § 1, and 2) all the works Trade Union acting on employers, subject to § 3.

§ 3. If the company trade unions belong to the same Union, Federation or Confederation, to conduct negotiations on their behalf is entitled authority indicated by this Association, Federation or Confederation.

§ 4. If within the time limit set by the person with the conclusion of the share, not less than 30 days from the date of filing of the conclusion of the initiative, not all trade unions will join the negotiations, to conduct negotiations are authorized trade union organisations, which to them, subject to participate in those negotiations all the authorities referred to in § 3, indicated by the collective trade union representing workers at the employers included in the legal person representative within the meaning of article 3. 24117 § 1 paragraphs 1 and 2 and § 3.

§ 5. The share system include all the trade unions, which led the prognosis on this system, or at least all the authorities referred to in § 3, indicated by the collective trade union representing workers at the employers included in the legal person representative within the meaning of article 3. 24117 § 1 paragraphs 1 and 2 and § 3.

§ 6. The provisions of § 1-5 shall apply mutatis mutandis to the entity does not have legal personality, consisting of more than one employer.



Article. 24129. [the Division, or a combination of the establishment] § 1. (repealed) § 2. If the connection works trade union organisations, of which at least one has concluded the share system, its rights and obligations are transferred to the Organization resulting from the merger.

§ 3. In the event of termination of all trade union organisations that have concluded the share system, the employer may waive the application of this agreement, in whole or in part, after the expiry of a period of at least equal to the period of notice the layout. Provision of art. 2418 § 2 shall apply mutatis mutandis.

§ 4. (repealed) § 5. (repealed)



Article. 24130. [Intercompany organization Union] Chapter shall apply mutatis mutandis to the międzyzakładowej trade union organisation working with the employer.



The TWELFTH DEPARTMENT for examining the disputes about claims from employment chapter I General provisions Art. 242. [redress] § 1. An employee may claim their claims from the employment relationship on the Court.

§ 2. Before going to court, the employee may request the initiation of the conciliation procedure before the Conciliation Commission.



Article. 243. [strive for an amicable settlement of the dispute] the employer and the employee should strive for an amicable settlement of the dispute from the employment relationship.



Chapter II conciliation Article. 244. [conciliation commissions] § 1. For the purpose of conciliation of disputes about claims of workers with an employment relationship may be established conciliation commissions.

§ 2. (repealed) § 3. A Conciliation Commission shall appoint the employer and the trade union organization works together, and if your employer is not working factory organisation Union-employer, after obtaining the favourable opinion of the employees.

§ 4. (repealed)



Article. 245. [mode of appointment of the Commission] as provided for in article 4. 244 § 3 shall be: 1) rules and mode of appointment of the Commission;

2) the duration of the term of Office;

3) the number of members of the Commission.



Article. 246. [prohibition of membership] a member of the Conciliation Commission may not be: 1) the person who manages, on behalf of the employer, workplace;

2) Chief Accountant;

3) legal adviser;

4) person personal affairs, employment and wages.



Article. 247. [Chairman] a Conciliation Commission shall elect from among its members the President of the Commission and their alternates and shall determine the terms and conditions of the conciliation proceedings.



Article. 248. [Request employee] § 1. A Conciliation Commission shall initiate proceedings at the request of an employee requested in writing or orally to the Protocol. The application States the date its impact.

§ 2. A request by an employee request to the Conciliation Commission aborts the limits referred to in article 1. 264. Article. 249. [the Commission] a Conciliation Commission shall conduct conciliation in teams consisting of at least three members of this Committee.



Article. 250. (repealed) Article. 251. [the term settlement] § 1. A Conciliation Commission should seek to settle the matter by way of settlement has occurred within 14 days from the date of submission of the application. Time limit for completion of the proceedings before the Conciliation Commission stated in the minutes of the meeting of the team.

§ 2. In matters relating to the solution, or establish an employment relationship as referred to in article. 264, a request to the Conciliation Commission shall be filed before the expiry of the time limits laid down in that provision.

§ 3. In the cases referred to in § 2, the conciliation ends under the law with the passage of 14 days from the date of submission of the application by the employee, and in other cases – with the passage of 30 days from the date of submission of the application.



Article. 252. [settlement] an agreement concluded before a Conciliation Commission shall be entered in the minutes of the sitting of the team. The Protocol shall be signed by the parties and the members of the team.



Article. 253. [Inadmissibility settlement] is unacceptable the conclusion of a settlement, which would be contrary to the law or the principles of community life.




Article. 254. [referral to the Court] if the proceedings before the Conciliation Commission has not led to the settlement, the Commission shall, at the request of the employee, reported within 14 days from the date of termination of the conciliation proceedings, shall immediately the matter to the Court. Request of an employee of conciliation by a Conciliation Commission overrides. The employee instead of filing this request may bring a claim to court working on general principles.



Article. 255. [execution of settlement in the provisions of the code of civil procedure], § 1. In the event of non-performance of the settlement by the employer shall be performed in the provisions of the code of civil procedure, once by the Labour Court of the enforcement clause.

§ 2. The Labour Court will refuse to give the enforcement clause, if the complex act of the Commission shows that the agreement is contrary to the law or the principles of community life. This does not preclude the possibility of the investigation findings of non-compliance with the law or the principles of community life in General.



Article. 256. [ineffectiveness of settlement] Employee may apply to the labour court within 30 days from the date of conclusion of agreement with its request for your offer, if it considers that the agreement violates its legitimate interests. However, in the cases referred to in article 1. 251 paragraph 2, with the request that the worker can only occur before the expiry of 14 days from the date of settlement.



Article. 257. [member of the Conciliation Commission] exercise of the duties of the Member of the Commission conciliation is a function. However, a member of the Conciliation Commission retains the right to remuneration for time not worked in connection with the participation in the work of the Commission.



Article. 258. [Conciliation Commission Activities] § 1. The employer is obliged to ensure that the Conciliation Commission liked and technical means to enable the functioning of the.

§ 2. Expenses related to the activities of the Conciliation Commission shall be borne by the employer. These expenses also include the equivalent of lost remuneration for time not worked by the employee in connection with participation in the conciliation.



Article. 259. (repealed) Article. 260. (repealed) Article. 261. (repealed) chapter III Courts work Art. 262. [the jurisdiction of the Court and its exclusion] § 1. Disputes involving claims from employment settle: 1) labour courts – which are separate organizational units of the district courts and 2) labor and social courts-representing distinct organizational units, provincial courts [7], hereinafter referred to as the labour courts.

§ 2. Are not subject to the jurisdiction of labour disputes: 1) the establishment of new working conditions and pay;

2) the application of labour standards.

3) (repealed) § 3. Rules for creating labour courts, organization and procedures before these courts shall be governed by separate rules.



Article. 263. (repealed) Article. 264. [redress before the Court] § 1. Appeal against termination of employment the labour court within 7 days from the date of delivery of the letter denouncing the agreement.

§ 2. Request reinstatement or compensation be brought before the labour court within 14 days from the date of service of the notice of termination of employment without notice or from the date of expiry of the contract of employment.

§ 3. The request to connect to the employment contract be brought before the labour court within 14 days from the date of service of the notice of refusal to work.



Article. 265. [relief] § 1. If the employee has not – without fault on his part, within the activities referred to in article 1. 97 section 21 and in the article. 264, the Labour Court, at his request, decides to restore the uchybionego term.

§ 2. Application for restoration of the term be brought before the labour court within 7 days from the date of cessation of the cause of failure to date. The proposal must be giving rise to the circumstances justifying the relief.



Article. 266. (repealed) Article. 267. (repealed) Article. 268. (repealed) Article. 269. (repealed) Article. 270. (repealed) Article. 271. (repealed) Article. 272. (repealed) Article. 273. (repealed) Article. 274. (repealed) Article. 275. (repealed) Article. 276. (repealed) Article. 277. (repealed) Article. 278. (repealed) Article. 279. (repealed) Article. 280. (repealed) SECTION THIRTEEN Responsibility for offences against the rights of an employee Art. 281. [catalogue of offences] Who, being an employer, or acting on its behalf: 1) contains the cywilnoprawną agreement in circumstances in which in accordance with article 5. 22 § 1 should be concluded a contract of employment, 1a) does not notify the competent district labour inspector, in writing or by electronic means, of the conclusion of the contract of employment referred to in article 1. 251 § 4, paragraph 4, together with an indication of the reasons for the conclusion of such agreement, within 5 working days from the date of its conclusion, 2) does not confirm in writing with the employee of a contract of employment before release for it to work, 3) says or resolves with the employee employment relationship without notice, violating in flagrant law work, 4) applies to workers other penalties than provided for in the law of responsibility of ordinal employees 5) violates the provisions of the working time, or the rules about employees related to parenting and the employment of juveniles, 6) not a documentary engaged in matters relating to the employment relationship and personal files of employees, 7) leaves the documentation in matters relating to the employment relationship and personal file employees under threat of damage or destruction-is punishable by a fine of £ 1000 to 30 000.



Article. 282. [catalogue of offences] § 1. Who, contrary to the obligation to: 1) is not paid within the wages or other benefits of the employee or eligible to this benefit a family member of the employee, the amount of this remuneration or benefits unduly reduces or makes unsubstantiated deductions, 2) grants of employee leave or unduly reduces the dimension of this leave, 3) does not seem to work certificate worker, is punishable by a fine of £ 1000 to 30 000.

§ 2. The same punishment shall be subject to, who, contrary to the obligation does not subject to execution of a judgment of the labour court or settlement before a Conciliation Commission or labour court.



Article. 283. [responsible for the safety and health at work], § 1. Who, being responsible for the State of occupational safety and health or driven by employees or other individuals, does not comply with the provisions or principles of safety and health at work, is subject to a fine of $1000 to 30 000.

§ 2. The same punishment shall be subject to who: 1) (repealed) 2) contrary to the obligation does not provide to the construction or reconstruction of the work or part thereof in which rooms work was carried out on the basis of projects taking into account the requirements of health and safety at work;

3) contrary to the obligation shall be equipped with workstations in machinery and other technical equipment, which do not fulfil the requirements for conformity assessment;

4) contrary to the obligation to provide the worker personal protective equipment, which do not fulfil the requirements for conformity assessment;

5) contrary to the obligation to apply: and) materials and technological processes without first determine their degree of harm to the health of workers and without take appropriate preventive measures, b) chemical substances and mixtures of the two unmarked in a clearly visible and enabling their identification, c) dangerous substances, mixtures of dangerous, hazardous substances or mixtures hazardous without sheets, as well as protective packaging before their harmful effects , fire or explosion;

6) contrary to the obligation to not notify the competent district labour inspector, Attorney or other competent authority of a deadly, or a collective work, and any other accident that caused these effects, the relationship with the work, if it can be considered an accident at work, does not report occupational disease or suspicion of the disease, does not disclose the accident at work or occupational disease, or submit fraudulent information , evidence or documents relating to such accidents and diseases;

7) does not perform within the prescribed period, an enforceable order authority national labour inspection;

8) impedes the activity of the authority of the State Labour Inspectorate, in particular prevents the conduct of visits at the workplace or does not provide the information necessary for the performance of its tasks;

9) without the authorisation of the competent labour inspector shall be permitted to perform work or other commercial activities by the child to the age of 16 years of age.



Chapter II (repealed) Article. 284. (repealed) Article. 285. (repealed) Article. 286. (repealed) Article. 287. (repealed) Article. 288. (repealed) Article. 289. (repealed) Article. 290. (repealed) Article. 2901. (repealed) SECTION FOURTEEN limitation of claims Article. 291. [limitation] § 1. The claim from the employment relationship shall be barred after 3 years from the date on which the claim has become due.

§ 2. However, the employer's claim for damages, caused by the employee as a result of non-performance or improper performance of duties, shall be barred after 1 year from the date on which the employer has a message about the causing of the damage by the employee, but not later than within 3 years after its cause.


§ 21. Provision in § 2 shall also apply to the claims of the employer referred to in the article. 611 and in art. 1011 § 2.

§ 3. If an employee intentionally caused damage, to claim compensation for that harm limitation shall apply the provisions of the civil code.

§ 4. Limitation may not be shortened or extended by legal action.

§ 5. Claim established by a ruling of the body to the settlement of disputes, as well as claim established settlement in the mode prescribed in the code before this body, is barred after 10 years from the date when the decision or the settlement.



Article. 292. [the investigation przedawnionego claims] Claims przedawnionego cannot claim, unless the one against whom the claim is entitled to, waive the use limitation; Disclaimer made before the expiry of the limitation period is not valid.



Article. 293. [force majeure] the limitation period does not begin, and started is suspended for the duration of the obstacle, when, for reasons of force majeure shall be entitled may not assert your claims before the competent authority appointed to settle disputes.



Article. 2931. [the limitation period for a claim for leave] the limitation period for a claim for leave does not start, and the started is suspended for the duration of your use of the parental leave.



Article. 294. [No Person having full legal capacity] the limitation period with respect to a person who does not have full legal capacity or for which there is a basis to its total incapacitation, could end up not earlier than at the end of 2 years from the date of establishment for her legal representative, or from the date of termination of the reasons for its establishment. If the limitation period is 1 year, his gear shall be counted from the date of the establishment of a legal representative or from the date on which it ceases cause its establishment.



Article. 295. [interruption of the limitation period] § 1. The limitation period be interrupted: 1) by any action before the competent authority appointed to resolve disputes or enforce claims taken directly for the purpose of investigation or establish or satisfy or claim;

2) by the recognition of the claim.

§ 2. After each interruption of the limitation period runs it again. If the limitation period occurred as a result of one of the grounds provided for in § 1, paragraph 1, the limitation period does not run again until the proceedings for the purpose of investigation or determination or satisfaction or security claims will not be completed.



SECTION CZTERNASTYA (repealed) Article. 2951. (repealed) Article. 2952. (repealed) SECTION FIFTEENTH final provisions Art. 296. (repealed) Article. 297. [Delegation] Minister of labour and social policy shall determine by regulation: 1) the method of determining remuneration: a) exercise in the period of inactivity, b) giving rise to determining the amount of fines, reduction, compensation, post-mortem or other charges as provided for in the labour code;

2) the method of determining the amount of the compensatory allowance to pay.



Article. 298. (repealed) Article. 2981. [Delegation] Minister of labour and social policy shall determine, by regulation, the scope of conduct by employers documentation in matters relating to the employment relationship and the conduct of the staff member's personal file.



Article. 2982. [Delegation] Minister of labour and social policy shall determine, by regulation, how to justify absence from work and the range of remedies available to employees exemptions from work, as well as cases in which the time of absence or release the worker retains the right to remuneration.



Article. 2983. (repealed) Article. 299. (repealed) Article. 300. [the application of the provisions of the civil code] in matters not provided for in the provisions of labour law to the employment relationship shall apply mutatis mutandis the provisions of the civil code, if they are not contrary to the principles of labour law.



Article. 301. [special rights of soldiers] § 1. Specific permissions associated with the employment relationship people called to active duty military, and exempt from the common provisions concern the obligation to defend the Republic of Poland and the provisions for military servicemen.

§ 2. The period of active military service are included in the period of employment to the extent and under the conditions laid down in the provisions referred to in paragraph 1.



Article. 302. [Service included in the period of employment] for the period of employment shall include a period of service in the police, the Office of State protection, the internal security agency, foreign intelligence agency, the Military Counterintelligence Service, military intelligence Service, Central Office «, the Prison Service, border guard and State fire to the extent and under the conditions laid down special provisions.



Article. 303. [Delegation] § 1. The Council of Ministers shall determine by regulation the scope of the provisions of labour law to those carrying out the tolling, with changes resulting from the different conditions for the implementation of this work.

§ 2. The Council of Ministers may specify, by regulation, the scope of application of labour laws to people constantly doing work on a different basis than the employment relationship or contract of tolling, with changes resulting from the different conditions for the implementation of this work.



Article. 304. [persons performing work on a different basis than the employment and occupational safety and health] § 1. The employer is obliged to ensure safe and hygienic working conditions, referred to in article 1. 207 § 2, individuals performing work on a different basis than the employment relationship in the workplace or at a place designated by the employer, as well as self-employed in the workplace or at a place designated by the employer self-employed economic activity.

§ 2. The employer is obliged to ensure safe and hygienic conditions of activities held at the premises of work by students and students not employees.

§ 3. The duties referred to in article 3. 207 § 2 shall apply mutatis mutandis to non-business employers, organizing work performed by individuals: 1) on a different basis than the employment relationship;

2) self-employed economic activity.

§ 4. If you work in a place to which they have access to people not involved in the work, the employer is obliged to apply the necessary measures to ensure the protection of the life and health of the people.

§ 5. Minister of national defence-to soldiers in active military service, and Minister of Justice – to people in prisons or correctional facilities, in consultation with the Minister of labour and social policy, determine, by means of regulations, the scope of application to those persons the provisions of Chapter 10 in the event of performing specific tasks or work on the workplace or in the place designated by the employer.



Article. 3041. [Obligations of individuals with health and safety] the obligations referred to in article 1. 211, in the range specified by the employer or any other entity that organizes work, pregnancy also on physical persons performing work on a different basis than the employment relationship in the workplace or at a place designated by the employer or any other entity that organizes the work, as well as on persons engaged in self-employed economic activities, in the workplace or at a place designated by the employer or any other entity that organizes the work.



Article. 3042. [members of agricultural production cooperatives] to members of agricultural production cooperatives and cooperating with them to members of their families, and members of the machinery rings (agricultural services) shall apply mutatis mutandis to article. 208 § 1, article. 213 section 2, art. 217 § 2, art. 218. 220 § 1 and article. 221 § 1-3.



Article. 3043. [persons carrying out economic activity] to natural persons engaged in self-employed economic activity shall apply mutatis mutandis to article. 208 § 1.



Article. 3044. [persons exercising the short work] the employer is obliged to allocate the necessary working clothes and personal protective equipment to persons performing short-term work or inspection activities, during which their own clothing may be destroyed or considerably soiling, as well as for the safety of performing such work or activities.



Article. 3045. [execution of the work by the child] § 1. Performance of work or other commercial activities by the child to the age of 16 years of age is permitted only on behalf of established cultural, artistic, sports or advertising and requires the prior consent of the legal representative or guardian of the child, as well as the authorisation of the competent labour inspector.

§ 2. The competent labour inspector seems to permit referred to in paragraph 1, at the request of the entity referred to in that provision.

§ 3. The competent labour inspector shall refuse authorisation if the performance of work or other commercial activities to the extent provided in § 1:1) causes a threat to life, health and physical and mental development of the child;

2) endangers the fulfilment of compulsory school attendance by child.

§ 4. An entity referred to in § 1, appends to the application for a residence permit: 1) the written consent of the legal representative or guardian of the child to make the child work or other economic activities;


2) outpatient psychological-pedagogical concerning the absence of impediment to the exercise by the child of work or other economic activities;

3) judgment of a doctor stating no impediment to the exercise by the child of work or other economic activities;

4) if the child is subject to compulsory full-time schooling – the opinion of the Director of the school to which the child attends, on possible filling by a child of this obligation during performance of work or other activities.

§ 5. The authorisation referred to in paragraph 1, shall include: 1) the personal data of the child and its legal representative or guardian;

2) designation of an entity established in the terms provided for in § 1;

3) identification of the type of work or other economic activities that can make the child;

4) determination of allowable period by work or other economic activities;

5) determination of the permissible daily working time or other economic activities;

6) other necessary arrangements, required by the best interests of the child or the type, the nature or the conditions of work or other activities or reward by a child.

§ 6. At the request of the legal representative or guardian of the child, the competent labour inspector shall withdraw the authorisation.

§ 7. The competent labour inspector shall withdraw the authorisation from the Office, if it finds that the working conditions of the child do not meet the conditions laid down in the authorisation.



Article. 305. (repealed) Article. 305.1) this Act shall be made in respect of its implementation of the regulation the following directives of the European Communities: 1) Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of article 8 of Directive 80/1107/EEC) (OJ. EC-L 263 of 24.09.1983, as amended. d.), 2) Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work (OJ. EC-L 137 of 24.05.1986), 3) of Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ. EC-L 183 of 29.06.1989), 4) of Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 393 of 30.12.1989), 5) of the Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 393 of 30.12.1989, as amended. d.), 6) Directive 89/656/EEC of 30 November 1989 on the minimum requirements in the field of safety and health protection of workers using personal protective equipment (third individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 393 of 30.12.1989), 7) Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements during manual handling of loads in the event of a potential risk particularly of back injury to workers (fourth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 156 of 21.06.1990), 8) of Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment with equipment (fifth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 156 of 21.06.1990), 9) of Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 196 of 26.07.1990, as amended. d.), 10) Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values in implementation of Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (OJ. EC-L 177 of 05.07.1991), 11) of Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed duration employment relationship or a temporary employment relationship (OJ. EC-L 206 of 29.07.1991), 12) Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable legislation to the contract or employment relationship (OJ. EC-L 288 of 08.07.1992), 13) Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements in places of temporary or mobile construction sites (eighth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 245 of 26.08.1992), 14) Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 245 of 26.08.1992), 15) of Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given or are breastfeeding (tenth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. In 348, 28.11.1992 with L), 16) of Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ. EC-L 307 of 13.12.1993), 17) of Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ. EC-L 216 of 20.08.1994), 18) Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE and UNICE, CEEP and the ETUC (OJ. EC-L 145 of 19.06.1996), 19) (repealed) 20) Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex (OJ. EC-L 14 of 20.01.1998), 21) Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 131 of 05.05.1998), 22) Directive 99/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by Unice, and Employers of Europe (UNICE), the European Centre of enterprises with public participation (CEEP) and the European Trade Union Confederation (ETUC) (OJ. EC-L 175 of 10.07.1999), 23) Directive 1999/92/EC of 16 December 1999 on minimum requirements for improving the safety and health protection of workers in the workplace, where explosive atmospheres may occur (Fifteenth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 23 of 28.01.2000), 24) Directive 2000/34/EC of 22 June 2000 amending Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that directive (OJ. EC-L 195 of 01.08.2000), 25) of Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative limit values for exposure to external factors when working-in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (OJ. EC-L 142 of 16.06.2000), 26) Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ. EC-L 180 of 19.07.2000), 27) Directive 2000/54/EC of 18 September 2000 on the protection of workers from the risks related to exposure to biological agents at work (seventh individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 262 of 17.10.2000), 28) Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ. EC-L 303 of 02.12.2000), 29) Directive 2002/44/EC of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 177 of 06.07.2002), 30) Directive 2003/10/EC of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 42 of 15.02.2003),


31) directive 2010/18/EU of 8 March 2010 implementing the revised framework agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ. L 68 of pre-meeting ahead, p. 13).

The data relating to the Declaration of the European Union, provided in this law-on the day of the Republic of Poland in the European Union membership-applies to the notice of those acts in the official journal of the European Union-Special Edition.

[1] based on the judgment of the Constitutional Court of 4 April 2005 (OJ l. # 68. 610) art. 231, in so far as it omits the co-responsibility of the State Treasury for the obligations arising from the employment relationship arising before the transformation happened at fisci Treasury-plant health care in public health care facility, is incompatible with article 2. 32 paragraph 1. 1 in connection with article. 64 paragraph 1. 2 the Constitution of POLAND. Article. 231; the field has lost power on April 25, 2005.

[2] currently, the competent minister, in accordance with art. 4 paragraph 1. 1, art. 5 paragraph 16 and article. 21 of the Act of 4 September 1997 on the Government departments (OJ from 2016.543; ost.: OJ from 2016, item 1250), which entered into force on 1 April 1999.

[3] he lost the power of 8 October 2012, based on the judgment of the Constitutional Court of 2 October 2012 (OJ No. 1110).

[4] currently, the medicinal plants of medical entities, based on art. 40 of the law of 10 June 2016, amending the law on medical activity and certain other laws (OJ No. 960), which entered into force on 15 July 2016.

[5] currently, Minister for education and upbringing, in accordance with article 5. 4 paragraph 1. 1 and art. 5 paragraph 15 and art. 20 of the Act of 4 September 1997 on the Government departments (OJ from 2016.543; ost.: OJ from 2016, item 1250), which entered into force on 1 April 1999.

[6] currently, the competent Minister for health, in accordance with article 5. 4 paragraph 1. 1 and art. 5 paragraph 28 and article. 33 of the Act, the Act of 4 September 1997 on the Government departments (OJ from 2016.543; ost.: OJ from 2016, item 1250), which entered into force on 1 April 1999.

[7] currently, the separate organizational units the respective district courts, in accordance with article 5. 2. 2 of the Act of 18 December 1998 amending the law, the law on courts universal (OJ. 1064), which entered into force on 1 January 1999.