Key Benefits:
ACT
of 26 June 1974
Work Code 1)
Preamble (repealed)
FIRST CHAPTER
General provisions
Chapter I
Introductory provisions
Article 1. [ Regulatory scope] The Labour Code defines the rights and obligations of employees and employers.
Article 2. [ Employee Definition] A worker shall be a person employed under a contract of employment, appointment, selection, appointment or cooperative employment contract.
Article 3. [ Employer Definition] The employer is an organisational unit, no matter where there is a legal personality, and a natural person if they employ staff.
Article 3 1 . [ Labour Law Actions] § 1. A person or an authority managing that entity or another designated person shall be responsible for an employer who is an undertaking in the field of labour law matters.
§ 2. The provision of Article 1 shall apply mutatis mutandis to an employer who is a natural person, if he/she does not personally perform the activities referred to in that provision.
Article 4. (repealed)
Article 5. [ Special provisions] Where the employment relationship of a particular category of workers is governed by specific provisions, the provisions of the Code shall apply in so far as those provisions are not regulated.
Article 6. (repealed)
Article 7. (repealed)
Article 8. [ Subuse of subjective rights] It is not possible to make use of its right of use, which would be contrary to the socio-economic purpose of this right or the principles of social coexistence. Such action or omission shall not be deemed to be the exercise of the right and shall not benefit from the protection.
Article 9. [ Labour Law Definition] § 1. Whenever the Labour Code is concerned about labour law, it is understood by the provisions of the Labour Code and the provisions of other laws and regulations laying down the rights and obligations of workers and employers, as well as the provisions of collective bargaining agreements and other agreements based on the law of collective agreements, regulations and statutes defining the rights and obligations of the parties to the employment relationship.
§ 2. The provisions of collective agreements of work and collective agreements and regulations and statutes shall not be less favourable to workers than the provisions of the Labour Code and other laws and regulations.
§ 3. The provisions of the Rules of Procedure and statutes shall not be less favourable to workers than the provisions of collective agreements and collective agreements.
§ 4. The provisions of collective agreements and other agreements based on collective agreements, regulations and statutes laying down the rights and obligations of the parties to the employment relationship, which violate the principle of equal treatment in employment, shall not apply.
Article 9 1 . [ Agreement on the suspension of the application of the labour laws] § 1. If this is justified by the financial situation of the employer, an agreement may be concluded to suspend the application in whole or in part of the provisions of labour law, specifying the rights and obligations of the parties to the employment relationship; this does not apply to the provisions of the Labour Code and the provisions of other laws and implementing acts.
§ 2. The arrangement referred to in § 1 shall include the employer and the representative of the employees, and if the employer is not covered by such an organization, the agreement shall include the employer and the representation of the employees of the person concerned the mode of operation adopted by that employer.
§ 3. The suspension of the application of labour laws shall not take longer than for a period of 3 years. Article Recipe 241 27 § 3 shall apply mutatis mutandis.
§ 4. The employer shall communicate the agreement to the competent district labour inspectorate.
§ 5. The provisions of paragraphs 1 to 4 shall not affect the provisions of Article 1. 241 27 .
Chapter II
Basic principles of labour law
Article 10. [ Right to Work] § 1. Everyone has the right to freely select work. No one shall, except in the cases specified in the law, be prohibited from exercising the profession.
The State shall determine the minimum amount of remuneration for the work.
§ 3. The State is pursuing a policy that aims to make full productive employment.
Article 11. [ Establishment of employment relationship] The establishment of employment relationships and the establishment of working conditions and pay, regardless of the legal basis of this relationship, require a consistent statement of the will of the employer and the employee.
Article 11 1 . [ Respect for the employee's personal goods] The employer is obliged to respect the dignity and other personal interests of the employee.
Article 11 2 . [ Equal workers ' rights] Workers shall have equal rights for the same fulfilment of the same obligations; this applies, in particular, to equal treatment between men and women in employment.
Article 11 3 . [ Prohibition of discrimination] Any discrimination in employment, direct or indirect, in particular on the grounds of sex, age, disability, race, religion, nationality, political beliefs, association, ethnic origin, religion, orientation sexual, and also due to temporary or indefinite employment, or full or part-time employment, is inadmissible.
Article 12. (repealed)
Article 13. [ Right to equitable remuneration] The employee shall have the right to a fair remuneration for the work. The conditions for the implementation of this law lay down the provisions of labour law and state policy in the field of wages, in particular by setting a minimum wage for work.
Article 14. [ Right to rest] The employee has a right to rest, who provide regulations on working time, non-working days and on holiday leave.
Article 15. [ Providing safe and hygienic working conditions] The employer is obliged to provide employees with safe and hygienic working conditions.
Article 16. [ Satisfaction of the former, social and cultural needs of employees] The employer, according to the possibilities and conditions, meets the former, social and cultural needs of employees.
Article 17. [ Lifting of professional qualifications] The employer is obliged to make it easier for employees to improve their professional qualifications.
Article 18. [ Compliance of the provisions of the agreements] § 1. The provisions of employment contracts and of other acts on the basis of which the employment relationship arises may not be less favourable to the worker than the labour law provisions.
§ 2. The provisions of the agreements and acts referred to in § 1, less favourable to the employee than the provisions of labour law are invalid; instead, the relevant provisions of labour law shall apply.
§ 3. The provisions of the employment contracts and other acts on the basis of which the employment relationship arises which infringes the principle of equal treatment in employment shall be null and void. In the absence of such provisions, the relevant provisions of labour law shall apply and, in the absence of such provisions, those provisions should be replaced by the corresponding provisions not of discriminatory nature.
Article 18 1 . [ Create Organization] § 1. Employees and employers, in order to represent and defend their rights and interests, have the right to create organizations and to join those organizations.
§ 2. The principles of the establishment and operation of the organizations referred to in § 1 shall be determined by the Act on Trade Unions, the Act on Employers ' Organisations and other provisions of law.
Article 18 2 . [ Participatine in Management] The employees participate in the management of the work plant in the scope and on the principles specified in separate regulations.
Article 18 3 . [ Obligations of the employer and administrative authorities] Employers and administrative authorities shall be required to create conditions for the exercise of the powers laid down in the provisions referred to in Article 4. 18 1 and 18 2 .
Chapter IIa
Equal treatment in employment
Article 18 3a . [ Prohibition of discrimination] § 1. Workers should be treated equally as regards the establishment and termination of employment, conditions of employment, promotion and access to training for the purposes of improving professional qualifications, in particular, irrespective of sex, age, disability, race, religion, nationality, political beliefs, affiliation, ethnicity, religion, sexual orientation, and irrespective of employment for a limited or indefinite period of time or in full or in part Working time dimension.
§ 2. Equal treatment in employment means non-discrimination in any way, directly or indirectly, for the reasons set out in § 1.
§ 3. Direct discrimination exists when an employee of one or more of the reasons set out in § 1 is, is, or could be treated in a comparable situation less favourable than other employees.
§ 4. Indirect discrimination shall exist when, as a result of an apparently neutral provision, the criterion used or the action taken, there is or could have adverse disproportions or a particularly negative situation in the field of the establishment and termination of employment, employment conditions, promotion and access to training in order to improve professional qualifications for all or a significant number of employees belonging to the group awarded by one or more of the members of the group the reasons set out in § 1, unless the order, criterion or action is objectively justified by the legitimate objective to be achieved and the means of achieving that objective are appropriate and necessary.
§ 5. The expression of discrimination within the meaning of § 2 is also:
1) an action consisting in encouraging another person to violate the principle of equal treatment in employment or to order its infringement of that principle;
2) an undesirable behavior, the purpose or effect of which is to violate the dignity of the employee and to create against it intimidating, hostile, degrading, humiliating or derogatory atmosphere (harassment).
§ 6. Discrimination on grounds of sex is also any unwanted conduct of a sexual nature or relating to the sex of an employee whose object or effect is to violate the dignity of a worker, in particular the creation of an employee's dignity. an intimidating, hostile, degrading, humiliating or derogatory atmosphere; this may consist of physical, verbal or extraverbal elements (sexual harassment).
§ 7. The subordination of a worker to harassment or sexual harassment, as well as the taking up of acts of opposing harassment or sexual harassment, may not cause any negative consequences to the employee.
Article 18 3b . [ Infringement of the principle of equal treatment] § 1. In breach of the principle of equal treatment in employment, subject to § 2 to 4, the employer's differentiation shall be deemed to have been differentiated from one or more of the reasons set out in the Article. 18 3a § 1, the effect of which is, in particular:
1) refusal to establish or terminate the employment relationship,
2. unfavourable development of remuneration for work or other conditions of employment, or omission in promotion or the granting of other work-related benefits,
3) omission when typing to participate in trainings under vocational qualifications
-unless the employer proves that he was guided by objective reasons.
§ 2. The principles of equal treatment in employment shall not affect the action, proportionate to the attainment of the legitimate objective of differentiating the worker's situation, by:
1) not employing a worker for one or more of the reasons set out in art. 18 3a § 1, if the type of work or the conditions for its execution make the cause or causes listed in that provision to be the actual and decisive professional requirement placed on the employee;
2) termination of the employee of terms of employment within the scope of the working time dimension, if it is justified by the causes of non-employees without citing a different cause or other reasons listed in the Art. 18 3a § 1;
3) the application of measures which differentiate the legal situation of the employee, due to the protection of parental or disability;
(4) the application of an internship criterion in determining the conditions of recruitment and dismissal of workers, the principles of remuneration and promotion, and access to training for the purposes of improving professional qualifications, which justifies the treatment of workers differently from the age.
§ 3. They shall not constitute a breach of the principle of equal treatment in the employment of an action taken for a certain period of time, aiming at equalising the chances of all or a significant number of workers distinguished from one or more of the reasons set out in the Article. 18 3a § 1, by reducing to the benefit of such workers the actual inequalities, to the extent specified in that provision.
§ 4. It does not constitute an infringement of the principle of equal treatment of restriction by churches and other religious associations, as well as organisations whose ethics is based on religion, religion or belief, access to employment, religion, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, religion or belief, the worldview, if the nature or nature of the exercise of the activities of churches and other religious denomination, and the organisations, makes religion, religion or belief in the real and decisive professional requirement of the worker concerned, proportionate to the attainment of the legitimate objective of diversifying the situation of the persons; this also applies to the requirements of employed activities in good faith and loyalty to the ethics of the church, the other religious union and the organizations whose ethics is based on religion, religion or belief.
Article 18 3c . [ Right to equal pay] § 1. Staff members shall be entitled to equal pay for equal work or work of equal value.
§ 2. The remuneration referred to in § 1 includes all the components of remuneration, irrespective of their name and nature, as well as other work-related benefits, granted to employees in monetary form or in a form other than in cash.
§ 3. The work of equal value is the work the performance of which requires the employees of comparable professional qualifications, confirmed by the documents provided for in separate legislation or practice and professional experience, as well as comparable responsibility and effort.
Article 18 3d . [ Compensation for breach of the principle of equal treatment] The person against whom the employer has violated the principle of equal treatment in employment shall have the right to compensation in the amount of not less than the minimum wage for the work, determined on the basis of separate provisions.
Article 18 3e . [ Privileges for breach of the principle of equal treatment] § 1. The exercise of the rights of an employee in respect of a breach of the principle of equal treatment in employment cannot be the basis for the disadvantage of the worker, and must not give rise to any negative consequences for the worker. the worker, in particular, cannot be the reason for the employer's termination of the employment relationship or the termination of the employment relationship without notice.
§ 2. The provision of Article 1 shall apply mutatis mutandis to an employee who, in any form of support, has provided support to an employee who is entitled to an infringement of the principle of equal treatment in employment.
Chapter IIb
Supervision and control of compliance with labour law
Article 18 4 . [ State Labour Inspectorate, State Sanitary Inspection] § 1. Supervision and control of the observance of labour law, including rules and principles of occupational health and safety, shall be exercised by the State Labour Inspectorate.
§ 2. Supervision and control of compliance with the rules, hygiene regulations of work and working environment shall be exercised by the State Sanitary Inspectorate.
§ 3. The organisation and scope of the inspection activities referred to in paragraphs 1 and 2 shall specify the separate provisions.
Article 18 5 . [ Social inspection of labour] § 1. Social monitoring of the observance of labour law, including rules and rules on health and safety at work, shall exercise a social work inspection.
§ 2. The organisation, duties and powers of the social labour inspection and the principles of its interaction with the State Labour Inspectorate and other state supervisory and control bodies shall lay down separate provisions.
Chapter III
(repealed)
Article 19. (repealed)
Article 20. (repealed)
Article 21. (repealed)
SECOND DEPARTMENT
Employment
Chapter I
General provisions
Article 22. [ Employment Definition] § 1. The employee undertakes to perform work of a particular type for the benefit of the employer and under his/her management and at the place and time designated by the employer and the employer to hire a worker for the remuneration.
§ 1 1 . Employment under the conditions specified in § 1 is employment on the basis of employment relationship, regardless of the name of the contract parties.
§ 1 2 . It is not permissible to replace a contract of employment with a civil law contract while maintaining the conditions for the performance of the work referred to in § 1.
§ 2. An employee may be a person who is 18 years old. There may also be a person who has not been 18 years of age under the terms of the ninth employee.
§ 3. A person limited in capacity to legal acts may, without the consent of the statutory representative, establish a relationship of work and carry out legal acts which relate to this relationship. However, when the employment relationship opposes the good of that person, the statutory representative with the authorisation of the guardianship court may terminate the work.
Article 22 1 . [ Providing personal data] § 1. The employer has the right to demand from the applicant for the employment of personal data covering:
1) first name (s) and surname;
2) the names of parents;
3) date of birth;
4) the place of residence (address for correspondence);
5. education;
6) the progress of existing employment.
§ 2. The employer shall have the right to demand from the employee the application, irrespective of the personal data referred to in § 1, also:
1) other personal data of the employee, as well as the names and dates of birth of the employee's children, if the application of such data is necessary due to the use of the employee with the specific powers provided for in the labour law;
2) the PESEL number of the employee given by the Government Information Centre of the General Electronic Population Registration System (RCI PESEL).
§ 3. The provision of the employer of personal data shall be made in the form of a declaration by the person concerned The employer shall have the right to request the documentation of personal data of the persons referred to in § 1 and 2.
§ 4. The employer may require the application of personal data other than those referred to in § 1 and 2, if the obligation to provide them is due to separate provisions.
§ 5. In the area of non-regulated in § 1-4 to the personal data referred to in those provisions, the provisions on the protection of personal data shall apply.
Article 23. (repealed)
Article 23 1 . [ Transition of a work establishment] [ 1] § 1. In the event of the passage of a job or part thereof to another employer, it shall become a party with the power of the party to the existing relations of work, subject to the provisions of § 5.
§ 2. For the obligations arising from the employment relationship, the existing and the new employer shall be jointly and severally liable before the transition of a part of the work plant to another employer.
§ 3. If the employers referred to in paragraph 1 do not operate the joint trade union organisations, the former and the new employer shall inform their employees in writing of the expected date of transition of the establishment or part thereof to another employer, his or her the reasons, legal, economic and social consequences for workers, as well as the intended actions concerning the conditions of employment of workers, in particular working conditions, pay and retraining; the transmission of information should be take place at least 30 days before the expected date of plant passage work or part of it on another employer.
§ 4. Within 2 months of the transition of the establishment or part thereof to another employer, the staff member may, without notice, be given a seven-day notice to terminate the employment relationship. The termination of employment in this mode causes the worker to have the effects of the employment law of the employer as a denunciation of the employment relationship.
§ 5. The employer shall, on the date of taking over of the establishment or part of the establishment, propose new working conditions and pay workers who are to do so on a basis other than the contract of employment and indicate a period of not less than 7 days to which employees may make a declaration of acceptance or refusal to accept the proposed conditions. In the event of a failure to agree on new working conditions and the wage hitherto, the employment relationship shall be resolved at the end of the period equal to the period of notice, calculated from the date on which the employee made a declaration of refusal of acceptance of the proposed conditions, or on the day to which he may have made such a statement. The second sentence of Article 4 (4) shall apply mutatis mutandis.
§ 6. The passage of an establishment or part thereof to another employer shall not be the reason for the employer's termination of the employment relationship.
Article 23 1a . [ Agreement on the application of less favourable conditions of employment] § 1. If it is justified by the financial situation of an employer not covered by a collective labour agreement or employing fewer than 20 employees, an agreement may be concluded on the application of less favourable conditions for the employment of workers than those resulting from the employment contracts concluded with these employees, within the scope and for the time determined in the agreement.
§ 2. Rules of Art. 9 1 Paragraphs 1 to 4 shall apply mutatis mutandis.
Article 23 2 . [ Co-operation with trade unions] If the provisions of the labour law provide for the employer's involvement with the establishment of a trade union in individual cases of employment, the employer is obliged to cooperate in such cases with the establishment of the trade union organisation representing the an employee in the title of his or her membership in a trade union or consent to the defence of the rights of a non-attached worker in connection with-in accordance with the Law on Trade Unions.
Article 24. (repealed)
Chapter II
Employment contract
Division 1
Conclusion of a contract of employment
Article 25. [ Types of contracts] § 1. The employment contract shall be concluded for a trial period, either for an indefinite period or for a fixed period of time.
§ 2. An employment contract for a trial period, not exceeding 3 months, shall be included in order to verify the qualifications of the employee and the possibility of his employment in order to perform a particular type of work.
§ 3. The resigning of a probationary contract with the same employee is possible:
1) if the employee is to be employed for the purpose of carrying out other types of work;
2) after at least 3 years from the date of termination or expiration of the previous employment contract, if the employee is to be employed to perform the same type of work; in this case it is permissible to re-conclude the contract for a period of time sample.
Article 25 1 . [ Another contract for a fixed period of time] § 1. The period of employment under the fixed-term employment contract, as well as the total period of employment on the basis of fixed-term employment contracts concluded between the same parties to the employment relationship, shall not exceed 33 months, and the total number of such employment contracts shall not exceed 33 months. contracts shall not exceed three.
§ 2. The agreement between the parties during the duration of the contract for a fixed period of work for a longer period of work on the basis of that contract shall be deemed to have been concluded, from the day following the day on which the termination of the contract was to be concluded, a new contract of employment for a fixed period within the meaning of § 1.
§ 3. If the period of employment on the basis of a fix-term employment contract is longer than the period referred to in § 1, or if the number of contracts concluded is greater than the number of contracts referred to in that provision, the worker shall be deemed to have been, as of the date of the contract, following the expiry of the period referred to in § 1, or from the date of the conclusion of the fourth fixture contract, shall be employed on the basis of a contract of fixture for an indefinite period of time.
§ 4. The provisions of paragraph 1 shall not apply to fixon contracts concluded for a fixed period of time:
1) for the replacement of the employee during his justified absence at work,
2) for the purpose of performing work of a casual or seasonal nature,
3) in order to perform work during the term of office,
4) in case the employer indicates the objective reasons lying on his side
-if they are to be concluded in a given case, it serves to satisfy the actual periodic demand and is necessary in this respect in the light of all the circumstances of the conclusion of the contract.
§ 5. The employer shall inform the competent district labour inspector, in written or electronic form, of the conclusion of the contract of employment referred to in § 4, point 4, together with an indication of the reasons for concluding such an agreement, within five working days from the day of its conclusion.
Article 26. [ The term of employment relationship] The employment relationship shall be established by the date specified in the contract as the day of commencation of work, and if the deadline is not specified-on the date of conclusion of the contract
Article 27. (repealed)
Article 28. (repealed)
Article 29. [ Form and content of the contract of employment] § 1. The contract of employment shall specify the parties to the contract, the type of contract, the date of its conclusion and the conditions of work and pay, in particular:
1) the type of work;
2) the place of the work;
3) remuneration for the work corresponding to the work type, with an indication of the components of the remuneration;
4) the working time dimension;
5) the deadline for starting work.
§ 1 1 . In the event of the conclusion of a contract of employment for the duration specified for the purpose referred to in art. 25 1 Paragraph 4 (1-3), or in the case referred to in Article 4 (1) (a) of the 25 1 Paragraph 4 (4), in the contract, shall specify the purpose or circumstances of the case, by providing information on the objective reasons justifying the conclusion of such an agreement.
§ 2. The employment contract shall be included in writing. If the contract of employment has not been concluded with the written form, the employer shall, prior to the employee's admission to work, confirm to the employee in writing the findings as to the parties to the contract, the type of contract and its terms and conditions.
§ 3. The employer shall inform the employee in writing, not later than within 7 days from the day of conclusion of the contract of employment, o:
1) effective employee of the daily and weekly working time standard,
(2) the frequency of remuneration for the work,
(3) the dimension of the staff member's vacation leave,
4) the current employee of the length of the period of termination of employment contract,
5) the collective agreement of the work to which the worker is covered,
and if the employer is not obliged to establish the rules of work-in addition to the night time, the place, the time and the time of payment of the remuneration and the method of confirmation by the staff of the arrival and attendance at work and the justification for the work and justification out of office.
§ 3 1 Informing the employee of his or her employment conditions, as referred to in § 3 (1) to (4), may be made by a written indication of the relevant provisions of the labour law.
§ 3 2 The employer shall inform the employee in writing of the change in his employment conditions, as referred to in § 3, points 1 to 4, about the employee's inclusion in the collective agreement, as well as the change in the collective labour system to which the worker is covered, immediately, not later than within 1 month of the date of entry into force of those amendments, and in the event that the termination of the contract of employment would take place before the expiry of that period-no later than the date of termination of the contract.
§ 3 3 Informing the employee of the change in his employment conditions, as referred to in § 3 (1) to (4), may be followed by a written indication of the relevant provisions of the labour law.
§ 4. The amendment of the terms of the contract of employment requires written form.
§ 5. The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to labour relations established on a basis other than that of a contract of employment.
Article 29 1 . [ Referral to work abroad] § 1. Employment contract with a staff member to work in an area of a country which is not a member of the European Union for a period exceeding 1 month, irrespective of the conditions laid down in the Article. 29 § 1, should specify:
1) the duration of the work abroad;
2) the currency in which it will be paid to the employee at the time of performing work abroad.
§ 2. Before the employee is sent to work, the employer shall additionally inform the employee in writing of:
1) the benefits of directing to work outside the country, including reimbursement of the costs of the journey and the provision of accommodation;
2) conditions of employee return to the country.
§ 3. Informing the employee of his or her employment conditions as referred to in § 2 may be indicated by a written indication of the relevant provisions.
§ 4. The employer shall inform the employee in writing of the change of his conditions of employment referred to in § 2, without delay, but not later than within 1 month from the date of entry into force of these changes, and in the case when termination of the employment contract would occur before the expiry of that period-no later than the date of termination of the contract.
§ 5. Informing the employee of a change in his employment conditions as referred to in § 2 may be followed by a written indication of the relevant provisions.
§ 6. The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to labour relations established on a basis other than that of a contract of employment.
Article 29 2 . [ Incomplete working time dimension] § 1. The conclusion of an employment contract with an employee providing for part-time employment must not result in the establishment of his working conditions and pay less favourable in relation to workers performing the same or similar work in the a full dimension of working time, taking into account, however, the proportionality of the work and other work-related benefits to the employee's working time.
§ 2. The employer shall, as far as possible, take into account the employee's request for a change in the working time specified in the contract of employment.
Division 2
General provisions on the termination of a contract of employment
Article 30. [ Termination of the employment contract] § 1. The contract of employment shall be terminated:
1) by agreement of the parties;
2) by a statement of one of the parties with the retention of the notice period (termination of the contract of work after the notice);
3) by the statement of one of the parties without notice of notice (termination of the contract of employment without notice);
4) with the expiry of the time on which it was concluded.
5) (repealed)
§ 2. The trial contract shall be terminated at the end of this period and may be terminated at the end of that period.
§ 2 1 The period of termination of a contract of employment for a week or month, or multiple times, shall end on Saturday or the last day of the month, respectively.
§ 3. The statement of any of the parties to the termination or termination of the contract of employment without notice shall be made in writing.
§ 4. The employer's statement of termination of an employment contract for an indefinite period of time or termination of a contract of employment without notice shall be indicated as to the reason for the termination or termination of the contract.
§ 5. The employer's statement of termination of the employment contract or termination of the contract should be provided with an instruction on the employee's right to appeal to the labour court.
Article 31. (repealed)
Division 3
Termination of the termination of employment contract
Article 32. [ Termination of employment contract] § 1. Each party may terminate the employment contract as a denunciation.
§ 2. The termination of the contract of employment shall take place over the period of notice.
Article 33. (repealed)
Article 33 1 . (repealed)
Article 34. [ The period of notice of the probationary contract] The period of termination of the contract of work concluded for the probationary period shall be
1) 3 working days, if the trial period does not exceed 2 weeks;
2) 1 week, if the probationary period is longer than 2 weeks;
3) 2 weeks if the probationary period is 3 months.
Article 35. (repealed)
Article 36. [ The period of termination of the contract for an indefinite period of time § 1. The period of termination of an employment contract concluded for an indefinite period and a fixed-term employment contract shall be subject to the period of employment for the employer in question and shall be:
1) 2 weeks if the employee has been employed for less than 6 months;
2) 1 month, if the employee was employed at least 6 months;
3) 3 months if the employee was employed at least 3 years.
§ 1 1 The period of employment referred to in paragraph 1 shall be included in the employee's period of employment with the previous employer, if the employer's change took place on the basis of the rules laid down in Article 1. 23 1 As well as in other cases where, under separate provisions, the new employer is the legal successor in the employment relationships established by the employer previously employing that employee.
§ 2. (repealed)
§ 3. (repealed)
§ 4. (repealed)
§ 5. If the employee is employed in a post connected with the material liability for the entrusted property, the parties may set out in the contract of employment that in the case referred to in § 1 point 1, the period of notice shall be 1 month, and in the case of which § 1 points 2-3 months.
§ 6. The parties may, following termination of the employment contract by one of them, fix an earlier date for termination of the contract; such arrangement shall not change the mode of termination of the contract of employment.
Article 36 1 . [ Bankruptcy or liquidation of the employer] § 1. If the termination of a fixedterm employment contract or a fixedterm employment contract is due to the bankruptcy or liquidation of the employer, or for other reasons not involving employees, the employer shall may, for the purpose of early termination of the employment contract, shorten the period of three months ' notice, at most, however, up to one month. In that case, the staff member shall be entitled to compensation in the amount of the remuneration for the remainder of the period of notice.
§ 2. The period for which compensation is granted shall be included in the staff member during that period without working for the period of employment.
Article 36 2 . [ Exemption from the obligation to provide work until the expiry of the period of notice] In connection with the termination of the employment contract, the employer may dismiss the employee from the obligation to provide work until the period of notice has expired. During this exemption, the staff member shall retain the right to remuneration.
Article 37. [ Exemption for job search] § 1. During the period of at least two weeks ' notice of the employment contract by the employer, the employee shall be entitled to an exemption for the search for work, subject to the right to remuneration.
§ 2. The exemption dimension shall be:
1) 2 working days-in the period of two weeks and one month's notice;
2) 3 working days-during the period of three months ' notice, also in the case of its shortening on the basis of art. 36 1 § 1.
Article 38. [ Termination mode of contract concluded for an indefinite period of time] § 1. The employer shall inform the representing employee in writing of the intention to terminate the contract concluded for an indefinite period of time by the employer, giving the reasons for the termination of the contract.
(2) If the association considers that the termination would be unfounded, it may, within five days of receipt of the notification, notify the employer in writing of the reservations motivated.
§ 3. (repealed)
§ 4. (repealed)
§ 5. After considering the position of the trade union organisation, and in the event that it does not claim its position within the time limit set, the employer shall take a decision on the decision to give notice.
Article 39. [ Prohibition of termination of employment contract] The employer shall not terminate a contract of employment to an employee who is not more than four years old until the age of retirement is reached, if the period of employment allows him to obtain the right to a retirement pension with the achievement of that age.
Article 40. [ Obtaining the right to annuity] Article Article If the worker is entitled to an invalidity pension, he or she shall be entitled to an invalidity pension if he or she has been entitled to a pension
Article 41. [ Justified absence at work] The employer shall not terminate the employment contract during the staff's leave, as well as during another justified absence of the employee at work, if the period of entitlement to the termination of the employment contract has not yet expired.
Article 41 1 . [ Announcement of bankruptcy or liquidation of the employer] § 1. In the event of bankruptcy or liquidation of the employer, the provisions of Article 4 shall not apply. 38, 39 and 41, or special provisions for the protection of workers from dismisation or termination of employment contracts.
§ 2. (repealed)
§ 3. (repealed)
§ 4. (repealed)
Article 42. [ amending denunciation] § 1. The provisions on termination of the employment contract shall apply mutatis mutandis to termination of employment conditions and pay.
§ 2. The statement of working conditions or pay shall be deemed to have been made if new conditions have been proposed in writing to the worker.
§ 3. In the event of refusal of an employee to accept the proposed working conditions or pay, the contract of employment shall be terminated at the end of the period of notice. If a member of the staff member before the end of the period of notice has not made a statement of refusal to accept the conditions proposed, he or she shall be deemed to have agreed to these conditions; the employer's letter of employment conditions or the pay shall include the instruction in This case. In the absence of such an instruction, the staff member may, by the end of the period of notice, make a statement of refusal of acceptance of the conditions proposed.
§ 4. Termination of existing working conditions or pay is not required if an employee is entrusted, in cases justified by the employer's needs, of another work than specified in the contract of employment for a period not exceeding 3 months of the year If this does not result in a reduction in remuneration and corresponds to the qualifications of the employee.
Article 43. [ Termination notice for the employee referred to in art. 39] The employer may terminate the working conditions or the pay of the worker referred to in art. 39 if the denunciation has become necessary in the following cases:
1. the introduction of new remuneration rules for the employees of the employer or of the group to which the employee belongs;
(2) a medical certificate which has been found to be the loss of the ability to carry out the work so far, or the loss of the rights required for the performance of the staff member concerned.
Division 4
Entitlement of the employee in the event of unjustified or unlawful termination of the employment contract by the employer
Article 44. [ Notice of notice] An employee may appeal against the termination of the contract of employment to the court of work referred to in the twelfth chapter.
Article 45. [ Judgment of the Court of Labour] § 1. Where it is found that the termination of a contract of indefinite duration is unfounded or is in breach of the provisions on the expression of employment contracts, the court of work shall, in accordance with the request of the staff member, give a decision on the ineffectiveness of the termination of the contract and, where the contract is concluded, has already been terminated-to restore the employee to work under previous conditions or for compensation.
§ 2. The court of work may not take into account the request of the employee to consider the notice as ineffective or reinstate, if it determines that the consideration of such a request is impossible or unequal; in such a case, the court of work adjudicates the compensation.
§ 3. The provisions of Article 2 shall not apply to the employees referred to in Article 3. 39 and 177, and in the specific provisions concerning the protection of employees, prior to the termination or termination of the employment contract, unless it is not possible to take into account the worker's reinstatement by reason of the reasons set out in the Article. 41 1 ; in such a case, the court of work shall rule on compensation.
Article 46. (repealed)
Article 47. [ Remuneration after reinstatement] A staff member who has taken up his job as a result of a return to work shall be entitled to pay for the duration of the stay without work, but not more than 2 months, and where the period of notice was 3 months, not more than 1 month. If the employment contract has been terminated with the employee referred to in Article 39, or with the worker during pregnancy or maternity leave, the remuneration shall be paid for the entire duration of the absence of work; this shall also apply to the case where the employment contract with the worker-father raising the child during the period of use has been terminated. maternity leave or when the termination of a contract is subject to a special provision.
Article 47 1 . [ Compensation] The compensation referred to in Article 45, is entitled to remuneration for the period from 2 weeks to 3 months, but not lower than the salary for the period of notice.
Article 48. [ Refusing re-employment] § 1. The employer may refuse to hire a staff member if he or she has not received the preparedness of the work without delay within seven days of the return to work, unless the time limit has been exceeded for reasons beyond the control of the staff member.
§ 2. An employee who, before returning to work, has taken employment with another employer, may without notice, for a three-day prior notice, terminate the contract of employment with the employer within 7 days of the restoration to work. Termination of the contract in this mode entails the effects which the provisions of the law relate to the termination of the contract of employment by the employer as a denunciation.
Article 49. [ Abbreviated notice period] In the event of a notice period shorter than the required period of notice, the contract of employment shall be terminated at the end of the period required, and the staff member shall be entitled to a remuneration until the termination of the contract.
Article 50. [ Compensation] § 1. If the termination of a probationary contract has been made in breach of the provisions on the termination of such contracts, the staff member shall be entitled to compensation only. The compensation shall be granted in respect of the amount of the remuneration for the time until the contract was to last.
§ 2. (repealed)
§ 3. If the termination of a fixedterm employment contract has been made in breach of the provisions on the termination of such a contract, the staff member shall be entitled to compensation only.
§ 4. The compensation referred to in paragraph 3 shall be entitled to the amount of the remuneration in respect of the time for which the contract was to last, however, not more than three months.
§ 5. The provisions of § 3 shall not apply in the event of termination of the contract of employment of workers during pregnancy or maternity leave, to the worker to the parents of the child during the period of maternity leave, as well as to the worker during the period of use of the maternity leave. protection of the employment relationship on the basis of the provisions of the Act on trade unions. In these cases, the provisions of Article 1 shall apply mutatis mutandis. 45.
Article 51. [ Leave period without work] § 1. A worker who has taken up his job as a result of a return to work shall count as a result of the period of employment of the non-working period for which the remuneration was granted. The non-working period for which no remuneration has been granted shall not be considered as a break in employment, entanding a loss of allowances dependent on uninterrupted employment.
§ 2. The staff member who has been awarded the compensation shall count against the period of employment the period remaining without work, corresponding to the period for which the compensation was granted.
Division 5
Termination of a contract of employment without notice
Article 52. [ Termination of the employee's fault] § 1. The employer may terminate the contract of employment without termination of the employee's fault in the event of:
1) a serious breach by the employee of the basic labour obligations;
2) committing by the employee during the duration of the contract of crime, which prevents further hiring of him in the occupied position, if the offence is obvious or has been found to be a final sentence;
3) the employee's loss of the rights necessary to perform the work in the position occupied.
§ 2. The termination of a contract of employment without termination of the fault of the employee shall not take place after 1 month after the employer has obtained the message of the circumstances justifying termination of the contract.
§ 3. The employer shall take a decision on the termination of the contract after consulting the representative of the employee of the establishment of the union, which shall inform the employer of the reason for the termination of the contract. In the event of reservations as to the merits of the termination of the contract, the union organisation shall deliver its opinion without delay, but not later than within 3 days.
§ 4. (repealed)
Article 53. [ Solution for unfolded reasons] § 1. The employer may terminate the contract without notice:
(1) if the worker's inability to work as a result of illness continues:
(a) for more than 3 months, where the worker has been employed for a given employer for less than 6 months,
(b) longer than the total duration of the collection of remuneration and allowances and the collection of the rehabilitation benefit for the first three months, where the employee has been employed for at least 6 months in the employer concerned or if the incapacity for work is caused by an accident at work or a occupational disease;
2) in case of justified absence of the employee at work for other reasons than those mentioned in point 1, lasting more than 1 month.
§ 2. The termination of a contract of employment without notice may not occur in the absence of a worker at work due to the care of the child-during the period of collection of the allowance, and in the case of the worker's isolation due to the illness contagious-during the period of collection of salaries and allowances for this period.
§ 3. Termination of the employment contract shall not be terminated after the employee has become a member of the service in connection with the termination of the cause of absence.
§ 4. The provisions of Article 4 36 § 1 1 and art. 52 § 3 shall apply mutatis mutandis.
§ 5. The employer shall, as far as possible, rehire a staff member who, within a period of 6 months from the termination of the contract of employment without notice, shall, for the reasons set out in paragraphs 1 and 2, notify his return to work immediately after the termination of the employment contract.
Article 54. (repealed)
Article 55. [ Employee Resolution] § 1. An employee may terminate a contract of employment without notice if a medical certificate stating the harmful effects of the work performed on the worker's health is issued, and the employer shall not transfer it within the time limit indicated in the medical decision. other work, due to the state of his health and professional qualifications.
§ 1 1 The employee may terminate the contract in accordance with the procedure laid down in § 1 also if the employer has committed a serious breach of the basic obligations of the employee; in such a case, the employee is entitled to compensation in the amount of his remuneration. for the period of notice. In the event of termination of the contract of fixation, the compensation shall be entitled to the amount of the remuneration for the length of time for which the contract was to last, but not more than for the period of notice.
§ 2. The employee's statement of termination of the contract without notice shall be given in writing, stating the reasons for the termination of the contract. Article Recipe 52 § 2 shall apply mutatis mutandis.
§ 3. Termination of a contract of employment for the reasons set out in § 1 and 1 1 entails the consequences which the provisions of the law relate to the termination of the contract by the employer as denunciation.
Division 6
Entitlement of the employee in case of unlawful termination by the employer of the contract of employment without notice
Article 56. [ Employee Claims] § 1. A worker with whom a contract of employment has been terminated without notice in breach of the provisions on termination of employment contracts shall have a claim for reinstatement, or compensation. The reinstatement of work or compensation shall be decided by the court of work.
§ 2. Rules of Art. 45 (2) and (3) shall apply mutatis mutandis.
Article 57. [ Remuneration after reinstatement] § 1. A staff member who has taken up his job as a result of a return to work shall be entitled to a remuneration for the duration of the stay without work, but not more than three months and not less than 1 month.
§ 2. If the employment contract has been terminated with the employee referred to in art. 39, or with the worker during pregnancy or maternity leave, the remuneration shall be paid for the entire duration of the absence of work; this shall also apply to the case where the employment contract with the worker-father raising the child during the period of use has been terminated. maternity leave or when the termination of a contract is subject to a special provision.
§ 3. (repealed)
§ 4. The provisions of Article 4 48 and 51 (1) shall apply mutatis mutandis.
Article 58. [ Compensation] The compensation referred to in Article 56, shall be entitled to remuneration for the period of notice. In the event of termination of the contract of fixation, the compensation shall be entitled to the amount of the remuneration for the length of time for which the contract was to last, but not more than for the period of notice.
Article 59. [ Compensation in the case of fixation contracts] In the event of termination by the employer of a fixation contract concluded in breach of the provisions on the termination of employment contracts without notice to the staff member, only compensation should be granted if the time limit for which the contract was to be terminated has expired. last, or when the reinstatement of the work would be inadvisable due to the short period of time remaining until that date. In this case, the compensation shall be granted in the amount specified in the Article. 58.
Article 60. [ Resolution during the period of notice] If the employer has terminated the contract of employment during the period of notice in breach of the provisions on the termination of employment contracts without notice, the employee shall be entitled to compensation only. The compensation shall be entitled to remuneration in the amount of the remuneration for the period of notice.
Article 61. [ Application of provisions of the Act] A staff member who has been awarded compensation under the provisions of this branch shall apply the provision of Article 4 (1). 51 § 2.
Division 6a
Entitlement of the employer in the event of an unjustified termination by an employee of a contract of employment without notice
Article 61 1 . [ Employer's Claim] In the event of an unjustified termination by an employee of a contract of employment without notice on the basis of art. 55 § 1 1 The employer shall have a claim for compensation. The indemnity adjudicates the court of work.
Article 61 2 . [ Compensation amount] § 1. The compensation referred to in Article 61 1 , shall be entitled to the remuneration of the employee for the period of notice In the event of termination of a contract of fixation for a fixed period, the compensation shall be entitled to the amount of the remuneration for the time to which the contract was to last, however, not more than for the period of notice.
§ 2. In the event of a decision by the court of work on damages, the provision of art. § 55 § 3 does not apply.
Article 62. (repealed)
Division 7
Termination of employment contract
Article 63. [ Termination of employment contract] The employment contract shall cease in the cases specified in the Code and in specific provisions.
Article 63 1 . [ Employee's death] § 1. On the day of the employee's death the employment relationship expires
§ 2. Property rights from employment relationships pass after the death of the employee, in equal parts, for the spouse and other persons fulfilling the conditions required to obtain the survivor's pension under the provisions on pensions and pensions from the Social Insurance Fund. In the absence of such persons, these rights fall into decline.
Article 63 2 . [ Employer's Death] § 1. On the day of the death of the employer, the employment contract with employees shall lapse, subject to the provision of § 3.
§ 2. An employee whose contract of employment has expired for the reasons set out in § 1 shall be entitled to compensation in the amount of the remuneration for the period of notice.
§ 3. The provision of § 1 shall not apply in the event of a new employer being taken over by a new employer under the conditions laid down in Article 1 23 1 .
Article 64. (repealed)
Article 65. (repealed)
Article 66. [ Provisional Arrest] § 1. The employment contract expires at the end of the 3 months absence of the employee at work due to temporary arrest, unless the employer terminated earlier without termination of the employment contract with the fault of the employee.
§ 2. The employer, despite the termination of the employment contract due to the temporary arrest, is obliged to rehire the employee if the criminal proceedings were remitted or when the acquittal was given, and the employee reported his return to work in within 7 days of the decision to become eligible. The provisions of Article 4 48 shall apply mutatis mutandis.
§ 3. The provisions of § 2 shall not apply where the criminal proceedings have been waived by way of limitation or amnesty and in the event of conditional remission of proceedings.
Article 67. [ Appeal to the labour court] In the event of a breach by the employer of the provisions of this branch, the employee shall have the right to appeal to the labour court. In the case of claims, the provisions of Chapter 6 of this Chapter shall apply accordingly.
Chapter IIa
(repealed)
Article 67 1 . (repealed)
Article 67 2 . (repealed)
Article 67 3 . (repealed)
Article 67 4 . (repealed)
Chapter IIb
Hiring of employees in the form of telework
Article 67 5 . [ Teleprac] § 1. The work may be performed regularly outside the job establishment, using electronic means of communication within the meaning of the provisions on the provision of services by electronic means (telepresence).
§ 2. The Telepracovary is an employee who performs work under the conditions specified in § 1 and transfers the employer's work results, in particular through electronic means of communication.
Article 67 6 . [ Conditions for the use of teleworking] § 1. The conditions for the use of telework by the employer shall be laid down in an agreement between the employer and the establishment of a trade union, and, where the employer has more than one establishment, in the agreement between the two the employer and these organisations.
§ 2. If it is not possible to agree on the content of the agreement with all the relevant trade union organisations, the employer shall agree the contents of the agreement with the trade union organisations within the meaning of the Article. 241 25a .
§ 3. If, within 30 days of the date of presentation by the employer of the draft agreement, no agreement is reached in accordance with § 1 and 2, the employer shall lay down the conditions for the use of telework in the rules of procedure, taking into account the arrangements taken with the establishment trade union organisations in the course of the agreement.
§ 4. If the employer concerned does not work on the establishment of trade union organisations, the conditions for the use of telework shall be defined by the employer in the Rules of Procedure, after consultation with the representatives of the workers established in the course of the employer concerned.
Article 67 7 . [ A contract of work on the terms of teleworking] § 1. Agreement between the parties to the employment contract that the work will be carried out under the conditions laid down in art. 67 5 , may occur:
1) when concluding a contract of employment or
2) in the course of employment.
§ 2. If the agreement on the performance of work in the form of telework occurs when the contract of employment is concluded, the contract shall additionally lay down the conditions for the performance of the work, in accordance with art. 67 5 .
§ 3. In the course of employment, the change in the working conditions to be determined in accordance with the Article 67 5 , may take place under the agreement of the parties, on the initiative of the employee or employer. The employer shall, as far as possible, take into account the employee's request for the performance of work in the form of telework.
§ 4. It is not permissible to enterite a work in the form of teleworking on the basis of art. 42 § 4.
Article 67 8 . [ Proposal for a cessation of work in the form of telework] § 1. Within 3 months from the day of taking up the work in the form of teleworking, according to art. 67 7 § 1 point 2, each of the parties may request a binding request to cease work in the form of telework and restore the previous working conditions. The parties shall set a time limit from which to restore the previous operating conditions, not more than 30 days from the date of receipt of the application.
(2) If a telepathiser application is submitted after the expiry of the period laid down in paragraph 1, the employer shall, where possible, take account of that request.
§ 3. After the expiry of the time limit laid down in paragraph 1, the employer's reinstatement of previous operating conditions may take place in the form of art. 42 § 1-3.
Article 67 9 . [ Termination of the employment contract in the form of telework] The employee's lack of consent to change the working conditions, in the case referred to in art. 67 7 § 3, as well as the cessation of the work in the form of telework under the rules laid down in art. 67 8 They may not give rise to a reason justifying termination by the employer of the employment contract.
Article 67 10 . [ Work undertaken in the form of telework] § 1. If work in the form of telework is undertaken in accordance with art. 67 7 § 1 point 1, the information referred to in Article 1 Article 29 (3) covers, in addition, at least:
1) the determination of the employer's organisational unit, in which the structure of the telepracist work is located;
2) an indication of the person or body referred to in art. 3 1 , responsible for cooperation with the telepathic and authorised to carry out checks at the workplace.
§ 2. In the case referred to in art. 67 7 § 1 point 2, the employer shall provide the information referred to in paragraph 1 (1) and (2) in writing to the teleptor at the latest on the day on which he commenced work in the form of telework.
Article 67 11 . [ Principles of Telepwork] § 1. The employer is obliged to:
1) provide telepracian equipment necessary to perform work in the form of telework, meeting the requirements set out in Chapter IV of Chapter 10,
2) insure equipment,
3) cover the costs associated with the installation, service, operation and maintenance of equipment,
4) provide teleprative technical assistance and necessary training in the area of equipment
-unless the employer and the telepathiser agree otherwise, in a separate agreement referred to in § 2.
§ 2. Employer and telepathiser may, in a separate agreement, specify in particular:
1) the scope of insurance and the rules of use by telepathiser of the equipment necessary to carry out work in the form of telework, which is the property of a commuter, meeting the requirements set out in Chapter IV of Chapter 10;
2) the rules of the employer's communication with the telepathic, including the way of confirming the presence of a telepathiser at the workplace;
3) the manner and form of control of the work performed by telepathiser.
§ 3. In the case referred to in paragraph 2 (1), the teleptor shall be entitled to a cash equivalent of the amount specified in the agreement or the rules of procedure referred to in Article 2. 67 6 , or in the contract referred to in § 2. In determining the amount of the equivalent, account shall be taken, in particular, of the standard of consumption of the equipment, its documented market prices and the amount of material used for the employer and its market prices.
Article 67 12 . [ Data Protection] § 1. The employer shall lay down the rules for the protection of the data transmitted to the telepather and shall carry out, where appropriate, instruction and training in this respect.
§ 2. The Telepracker confirms in writing the data protection rules referred to in § 1, and is obliged to comply with them.
Article 67 13 . [ Employer and commuter arrangements for distance] Telepracers and the employer shall provide the information necessary for mutual communication by means of electronic means or similar means of distance communication.
Article 67 14 . [ Controlling of teleprative in the workplace] § 1. The employer has the right to control the performance of work by a telepracist at the place of work.
§ 2. If the work is done in a telepracist house, the employer has the right to carry out the control:
1) performing work,
2) for the probe, maintenance, service or repair of the entrusted equipment, as well as its installation,
3) on health and safety at work
-with the prior consent of the telepathiser, expressed in writing, either by means of electronic means, or by similar means of individual communication at a distance.
§ 3. The employer shall adjust the way of carrying out checks on the place of work and the nature of the work. The exercise of control activities shall not affect the privacy of the telepathiser and his or her family or obstruct the use of the household spaces in a manner consistent with their intended purpose.
§ 4. The first check, to the extent specified in paragraph 2 (3), shall be carried out at the request of the telepathiser before the work is carried out by him.
Article 67 15 . [ Prohibition of discrimination of telepractive] § 1. Telepracers must not be treated less favourably in terms of the establishment and termination of employment, conditions of employment, promotion and access to training for the purpose of raising professional qualifications than other workers employed at such a himself or a similar work, taking account of the differences in the conditions of work performed in the form of telework.
§ 2. The employee cannot be discriminated against in any way due to taking up work in the form of telework, as well as the refusal to take such a job.
Article 67 16 . [ Telepractor rights] The employer makes it possible for a teleptor, on the basis of the rules of the general public, to stay on the premises of the workplace, to contact other workers and to use the employer's premises and facilities, from the establishment of social security facilities and social activities.
Article 67 17 . [ Employers ' obligations to telepracers] If the work is carried out at the home of a telepathiser, the employer shall pursue it, in so far as is the result of the type and conditions of the work carried out, the obligations laid down in the tenth department, excluding:
1) the duty to care for the safe and hygienic state of the work premises, specified in art. Paragraph 212 (4);
2. the obligations set out in Chapter III of this chapter;
3) the obligation to provide adequate hygiene and sanitary facilities as defined in the Art. 233.
Chapter III
Employment relationship on the basis of appointment, selection, appointment and cooperative employment contract
Division 1
Employment-based employment relationship
Article 68. [ Establishment of employment relationship] § 1. The employment relationship shall be established on the basis of the appointment in the cases specified in the separate provisions.
§ 1 1 The employment relationship referred to in paragraph 1 shall be established for an indefinite period, and if, on the basis of the special provisions, the staff member has been appointed for a limited period of time, the employment relationship shall be established for the period covered by the appointment.
§ 2. (repealed)
Article 68 1 . [ Competition] The appointment may be preceded by a contest, even though the special provisions have not provided for the requirement to appoint a candidate for the post only as a result of the contest.
Article 68 2 . [ Term and form of establishment of the employment relationship] § 1. The relationship of work on the basis of appointment shall be made within the period specified in the appointment, and if that time limit has not been specified, on the day of service of the appointment, unless otherwise specified in specific provisions.
§ 2. Appointment should be made in writing.
Article 68 3 . [ Previous Work Ratio Resolution] If a staff member who is appointed as a result of a competition is in employment with another employer and has a three-month period of notice, he or she may terminate this relationship with one month's notice. The termination of employment in this mode entails the effects which the provisions of labour law associate with the termination of the employment contract by the employer for notice.
Article 69. [ Application of provisions relating to fixo-term employment contracts] Unless otherwise provided for in the provisions of this branch, the employment relationship shall apply to the employment contract for an indefinite period of time, excluding the provisions governing the following:
1) the procedure for dealing with contracts of employment;
2) consideration of the disputes with the employment relationship in the part concerning the ruling:
(a) of ineffectiveness of denunciation,
(b) (repealed)
(c) restoring to work.
Article 70. [ Reference from position] § 1. A staff member who is employed on the basis of the appointment may at any time, immediately or within a specified time limit, be dismissed from his post by the authority who has appointed him. It shall also apply to the staff member who, under special provisions, has been appointed for a fixated term.
§ 1 1 The appeal should be made in writing.
§ 1 2 . The employment relationship with the staff removed from the post shall be terminated in accordance with the provisions of this branch, unless otherwise specified in specific provisions.
§ 2. The appeal is equivalent to denunciation of the contract of employment. During the period of notice, the staff member shall have the right to remuneration in the amount before the appeal.
§ 3. The appeal shall be tantamount to termination of the contract of employment without notice, if it is due to the reasons referred to in Article 4 (1). 52 or 53.
Article 71. [ Employment at notice] At the request of, or with the consent of the employee, the employer may employ him during the period of notice of another job, due to his/her professional qualifications, and after the expiry of the period of notice of employment on the basis of working conditions agreed upon by the employer, and Wages.
Article 72. [ Reference in specific situations] § 1. If the appeal has taken place during a period of justified absence at work, the period of notice shall begin after that period. If, however, the justified absence takes longer than the period laid down in Article 4 (1), Article 53 (1) and (2), the body which the worker has called may terminate the employment relationship without notice.
§ 2. In the case of dismissals of workers during pregnancy, the appellant is obliged to provide a different work, due to her professional qualifications, with the right to pay for a period equal to the period of notice of termination of the staff member's staff. the amount to which the appeal is entitled. If, however, the worker does not agree to another work, the employment relationship shall be terminated over the period equal to the period of notice, the course of which shall start from the date of the proposing in writing to the other work.
§ 3. The provision of § 2 shall apply mutatis mutandis in the event of cancellation of a worker who is missing no more than 2 years to acquire the right to a pension from the Social Insurance Fund.
§ 4. In the event of a breach of the provisions of § 1-3, the staff member shall have the right to appeal to the
Division 2
Ratio of work based on selection
Article 73. [ Select Labor] § 1. The employment relationship shall take place on the basis of a choice, if the choice arises from the obligation to carry out work as an employee.
§ 2. The employment relationship of choice shall be resolved with the expiry of the term of office.
Article 74. [ Unpaid Leave] The employee who is in connection with the choice for free leave shall have the right to return to work for the employer who hired him at the time of his choice, to a position equivalent in terms of remuneration to the previously occupied employer, if he reports his return within 7 days from the termination of the employment relationship of choice. Failure to do so will result in the termination of the employment relationship, unless it is due to reasons beyond the control of the employee.
Article 75. [ Deny] A staff member who has not been entitled to a free choice on leave shall be entitled to a right of one month's salary.
Division 3
Employment relationship by appointment
Article 76. [ Appointment of employment on the basis of the appointment] The employment relationship shall be established on the basis of the appointment in the cases specified in the separate provisions.
Division 4
Employment relationship on the basis of a cooperative employment contract
Article 77. [ Establishment of a employment relationship on the basis of a cooperative employment contract] § 1. The employment relationship between the cooperative and its member shall be established by the cooperative employment contract.
§ 2. The application of work on the basis of a cooperative contract of employment shall be governed by the Act-Cooperative Law and, in the case of an unregulated version, the provisions of the Labour Code shall be applied accordingly.
HEADING THREE
Remuneration for work and other benefits
Chapter I
Determining the remuneration for work and other work-related benefits
Article 77 1 . [ Collective labour agreements] The conditions for remuneration for the work and the granting of other work-related benefits shall be determined by collective labour agreements, in accordance with the provisions of Chapter 11, subject to the provisions of Article 4 (1) of the Regulation. 77 2 -77 5 .
Article 77 2 . [ Compensation Rules] § 1. An employer employing at least 20 employees, who are not covered by the undertaking collective agreement or a collective labour agreement corresponding to the requirements laid down in § 3, shall set the conditions of remuneration for the work in the remuneration rules.
§ 2. In the statement of remuneration referred to in paragraph 1, the employer may also establish other work and the rules for granting them.
§ 3. The remuneration rules shall apply until such time as the employees are covered by a collective labour agreement or a collective labour agreement setting out the terms and conditions of remuneration for the work and the granting of other benefits in relation to the work in the field and in the how to determine, on the basis of it, individual terms and conditions of employment contracts.
§ 4. The terms of remuneration shall be determined by the employer. If the employer has a working relationship with the employer, the employer shall agree with the employer's remuneration rules.
§ 5. The provisions of the Rules of Procedure shall apply mutatis mutandis to the Rules of Procedure. 239 § 3, art. 241 12 § 2, art. 241 13 and Art. 241 26 § 2.
§ 6. The remuneration rules shall enter into force two weeks after the date of application of the statement of staff to the staff concerned, in a manner adopted by the employer concerned.
Article 77 3 . [ Budgetary Sphere] § 1. The conditions for remuneration for the work and the granting of other work-related benefits for employees in the state budget sphere, if they are not covered by the collective agreement, will determine, by way of regulation, within the scope of the non-reserved in other statutes to the properties of other bodies-the minister competent for work at the request of the competent minister.
§ 2. On the date of entry into force of the collective agreement, the provisions of the Regulation referred to in paragraph 1 shall not apply to the employees of the State staff of the budgetary sphere covered by this Agreement.
§ 3. The Regulation referred to in paragraph 1 shall, in particular, specify the conditions for determining and paying the following:
(1) the remuneration of the essential staff;
(2) other, other than the basic salary, of ingredients justified in particular by the specific characteristics or conditions of the work performed, the professional qualifications of the employees, including the amount of the component of the remuneration subject to which the granting of the remuneration depends on the shall be the length of the period worked, if such an ingredient is determined, not exceeding 20% of the basic salary;
(3) other work-related benefits, including those which may be subject to periods of time worked by the employee; in particular, this may relate to the jubilee prize and the one-off payment of the money to which the employee is entitled, who is entitled to the benefit of the worker, who is entitled to the benefit of the worker, the employment relationship has ceased in relation to the transition to an invalidity pension or a pension.
Article 77 4 . (repealed)
Article 77 5 . [ Reimbursement of travel expenses] § 1. A staff member at the employer's request shall, in addition to the place where the employer has his head office or have a duty to cover the costs of business travel, be entitled to compensation for the expenses incurred.
§ 2. The Minister responsible for the work will determine, by regulation, the amount and the conditions for determining the receivables of the employee, employed in the state or local government unit of the budget sphere, for the business trip in the area country and outside the country. The Regulation should, in particular, determine the amount of allowances, taking into account the duration of the journey, and, in the case of travel outside the country, the currency in which the diet and accommodation limit will be fixed in each country, as well as the conditions for travel. reimbursement of travel expenses, accommodation and other expenses.
§ 3. The conditions for the payment of a claim for a business trip to a worker employed in another employer other than those mentioned in § 2 shall be laid down in a collective agreement or in the statement of remuneration or in the contract of employment, if the employer is not covered by the contract. the collective agreement of the work or is not required to set out the remuneration rules.
§ 4. The provisions of the collective agreement, of the remuneration rules or of the contract of employment may not set a daily subsistence allowance in respect of a business trip within the country and outside the country at a lower level than that of a business trip within the country specified for the employee referred to in § 2.
§ 5. Where the collective agreement of the work, the rules of procedure of remuneration or the contract of employment does not contain the provisions referred to in paragraph 3, the staff member shall be entitled to payment of the costs of travel by virtue of the provisions referred to in paragraph 2 respectively.
Chapter I
Remuneration for work
Article 78. [ Criteria, remuneration rates] § 1. The remuneration for work should be so arranged as to correspond, in particular, to the type of work carried out and to the qualifications required for the performance of the work, and to take into account the quantity and quality of the work provided.
§ 2. In order to determine the remuneration for the work, it shall be determined in accordance with the procedure laid down in Article 77 1 -77 3 , the amount and the rules for the granting of wage rates for the work of a particular type or post, and of other (additional) elements of remuneration, if they are provided for in the performance of a particular work.
Article 79. (repealed)
Article 80. [ Remuneration for work carried out] The remuneration shall be due to the work carried out. At the time of non-work, the employee retains the right to remuneration only if the labour law provisions do so.
Article 81. [ Downtime] § 1. If he/she is willing to carry out his work and he has been prevented from doing so on the grounds relating to his employer, he shall be entitled to a remuneration arising from his personal grade at an hourly or monthly basis, and if such a component of remuneration has not been distinguished in the determination of the conditions of remuneration, 60% of the remuneration. In any event, however, this remuneration may not be lower than the minimum wage for the work, which is determined on the basis of separate provisions.
§ 2. The remuneration referred to in paragraph 1 shall be entitled to a staff member in respect of the time of the unstoppable downtime. If the rate is due to the fault of the staff member, the remuneration shall not be granted.
§ 3. The employer may at the time of the downtime entrust the employee with another appropriate work for which he/she is entitled to pay the remuneration provided for the work, but shall not, however, be lower than the remuneration determined in accordance with § 1. If there is a staff member's fault, only the remuneration provided for the work carried out shall be entitled to the compensation.
§ 4. The remuneration for the time of the outage due to atmospheric conditions shall be granted to a worker who is employed in the work of these conditions, if the labour law provisions so constitute. If the staff member is entrusted with a period of time for other work, he shall be entitled to the remuneration prescribed for the work carried out, unless the provisions of labour law provide for the application of the rules laid down in paragraph 3.
Article 82. [ Wrapped defective products or services execution] § 1. Remuneration shall not be granted for the defective execution of a staff member or services. If, as a result of a defect in the work carried out by the worker, the quality of the product or service has been reduced, the remuneration shall be reduced accordingly.
§ 2. If the defect of a product or service has been removed by the employee, it shall be entitled to remuneration appropriate to the quality of the product or service, except that for the time of work in the removal of the defect, the remuneration shall not be entitled.
Article 83. [ Labour standards] § 1. Labour standards, which constitute a meter of effort, performance and quality, may be used if this is justified by the type of work.
§ 2. The standards of work shall be established taking into account the level of technology and organization of work achieved. Working standards can be changed as technical and organisational improvements are made to ensure that work efficiency increases.
§ 3. The crossing of labour standards does not provide a basis for their change if it is the result of an increased personal contribution of the employee or his/her professional efficiency.
§ 4. Workers should be notified at least 2 weeks prior to the introduction of the new standard of work standards.
Chapter II
Protection of remuneration for work
Article 84. [ Prohibition of renunciation of the right to pay] A staff member shall not waiver the right to pay or transfer that right to another person.
Article 85. [ Term of payment of remuneration] § 1. The payment of the remuneration for work shall be made at least once a month, in a fixed and fixed term.
§ 2. The remuneration for the work payable once a month shall be paid in arrears immediately after the establishment of its full amount, but not later than within the first 10 days of the following calendar month.
§ 3. If the date of payment of the remuneration for the work is a day off from work, the remuneration shall be paid on the preceding day.
§ 4. The elements of remuneration for the work of the employee for periods of more than one month shall be paid out of the bottom within the time limits laid down in the labour law.
§ 5. The employer, at the request of the employee, is obliged to make available for inspection documents on the basis of which his remuneration was calculated.
Article 86. [ Place and form of payment of remuneration] § 1. The employer is obliged to pay the remuneration at the place, time and time specified in the employment regulations or other provisions of the labour law.
§ 2. Payment of remuneration shall be made in monetary form; partial fulfillment of a remuneration in a different form than a cash shall be allowed only if statutory provisions of labour law or collective bargaining are provided.
§ 3. The obligation to pay the remuneration may be fulfilled in a different way than to the employee's hands if that is the case by the collective agreement or the employee has previously expressed his consent in writing.
Article 87. [ Deductions from remuneration] § 1. The remuneration for the work, after deduction of social security contributions and advances on personal income tax, is subject to the deduction of only the following amounts:
1) sums enforced under the executive titles for the satisfaction of maintenance services;
2) sums enforced under the titles of executive titles to cover claims other than maintenance;
3. cash advances granted to the staff member;
4) the cash 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) in the case of the execution of maintenance services-up to the amount of three fifths of the salary;
2) in the event of execution of other receivables or deductions of cash advances-up to the amount of half of the salary.
§ 4. The deductions referred to in points (2) and (3) of paragraph 1 shall not exceed half of the salary and, together with the deductions referred to in paragraph 1, point 1, three fifths of the remuneration. Irrespective of those deductions, the pecuniary penalties shall be deducted within the limits laid down in the Article. 108.
§ 5. The award from the establishment of the prize fund, the additional annual remuneration and the claims entitled to employees for the participation in profit or in the balance sheet surplus shall be subject to enforcement for the satisfaction of the full amount of maintenance.
§ 6. (repealed)
§ 7. The remuneration for the work shall be deducted in full, the amounts paid in the preceding period of payment for the period of absence from work for which the employee does not retain the right to remuneration.
§ 8. Deductions of the employee's remuneration in the month in which the remuneration components are paid for periods longer than 1 month shall be made on the total amount of the remuneration taking into account those components of remuneration.
Article 87 1 . [ Deductions Free Amount] § 1. Free from deductions shall be the amount of remuneration for the work of:
(1) the minimum wage for the work, determined on the basis of separate provisions, of full-time workers, after deduction of social security contributions and advance payments on income tax on persons physical-when deducting sums to be enforced under implementing titles to cover claims other than maintenance payments;
(2) 75% of the remuneration referred to in point (1), when deducting advances in cash granted to the staff member;
(3) 90% of the remuneration referred to in point (1), for the deduction of the penalties provided for in the Article. 108.
§ 2. If the employee is employed in part-time work, the amounts referred to in § 1 shall be reduced in proportion to the working time dimension.
Article 88. [ Deductions for maintenance] § 1. Subject to the rules laid down in the Article. 87 deductions for maintenance of maintenance benefits shall also be carried out without enforcement proceedings, except where:
1. Maintenance benefits are to be deducted in favour of several creditors, and the total amount which may be withheld is not sufficient to cover full coverage of all maintenance duties;
(2) the remuneration for the work was taken in the course of judicial or administrative enforcement.
§ 2. The deductions referred to in § 1 shall be made by the employer at the request of the creditor on the basis of the enforceable title submitted by the creditor.
Article 89. (repealed)
Article 90. [ Application of the provisions of the Code of Civil Procedure and of administrative enforcement] In a matter of unnormal-orded art in art. 87 and 88 apply accordingly the provisions of the Civil Procedure Code and the provisions on the enforcement of administrative cash benefits.
Article 91. [ Consent of the employee to the deduction] § 1. Claims other than those referred to in Article 87 § 1 and 7 may be deducted from the employee's salary only with his consent expressed in writing.
§ 2. In the cases referred to in paragraph 1, free of deductions shall be the amount of the remuneration for the work of:
1. as referred to in Article 1. 87 1 § 1 point 1-when withholding claims for the benefit of the employer;
2) 80% of the amount specified in the Article. 87 1 Article 1 (1)-for the deduction of other amounts receivable than those referred to in point 1.
Chapter III
Benefits accruing during the temporary period of incapacity for work
Article 92. [ Remuneration for the period of incapacity for work] § 1. For the time of employee's inability to work as a result of:
1) illness or isolation in relation to an infectious disease-lasting up to 33 days per calendar year and, in the case of a worker who has completed 50 years of age-lasting up to 14 days in a total calendar year-the worker shall retain the right up to 80% of the salary, unless the employer's applicable labour laws provide for a higher remuneration for that title;
2) the accident on the way to work or from work or illness falling during pregnancy-during the period indicated in point 1-the employee retains the right up to 100% of the salary;
3. to undergo the necessary medical examinations for candidates for donors of cells, tissues and organs and to undergo a procedure for the collection of cells, tissues and organs-within the period indicated in point 1-the worker shall retain the right to 100% of the remuneration.
§ 1 1 . (repealed)
§ 2. The remuneration referred to in § 1 shall be calculated according to the rules applicable to the determination of the basis of the sickness benefit assessment and shall be paid for each day of incapacity for work, without excluding the days off from work.
§ 3. The remuneration referred to in paragraph 1 shall:
1. shall not be reduced in the event of a reduction in the base of the sickness benefit assessment;
2) shall not be entitled in cases where the employee does not have the right to sickness benefit.
§ 4. For the duration of incapacity for work referred to in § 1, lasting for a total of more than 33 days per calendar year, and in the case of a worker who has completed 50 years of age, lasting a total of more than 14 days per calendar year, a staff member you have a sickness benefit on the basis of the separate rules.
§ 5. The provisions of Paragraph 1 (1) and (4) in the section concerning an employee who has completed 50 years of age shall refer to the employee's inability to work after the calendar year in which the employee has completed 50 years of age.
Chapter IIIa
Pension or pension rights
Article 92 1 . [ Retirement or disability pension] § 1. A staff member who fulfils the conditions giving entitlement to a pension for incapacity for work or a pension whose employment relationship has ceased in connection with the transition to an annuity or a pension shall be entitled to a cash allowance of one month's salary.
§ 2. An employee who has received a briefwork shall not be entitled to re-acquire the right.
Chapter IV
Postmortem odour
Article 93. [ Postmortem postmortem] § 1. In the event of the death of a worker during the duration of the employment relationship or at the time of collection of the allowance for incapacity for work as a result of illness, the family shall be entitled to a post-mortem allowance from the employer.
§ 2. The amount of the briefcase referred to in § 1 shall be subject to the period of employment of the employee in the employer concerned and shall be:
1) one month's salary if the employee was employed for less than 10 years;
2) a three-month salary if the employee was employed at least 10 years;
3) a 6-month salary if the employee was employed at least 15 years.
§ 3. Article Recipe 36 § 1 1 shall apply mutatis mutandis.
§ 4. Postmortem mortem shall be entitled to the following members of the worker's family
1. a spouse;
2) other family members meeting the conditions required to obtain a survivor's pension under the provisions on pensions and pensions from the Social Insurance Fund.
§ 5. The post-mortem shall be divided in equal parts between all eligible family members.
§ 6. If there is only one member of the family entitled to a post-mortem leave after the deceased worker, he shall be entitled to a deduction of half of the corresponding amount referred to in paragraph 2.
§ 7. A post-mortem allowance shall not be granted to the members of the family referred to in § 4 where the employer has insured the employee for life, and the compensation paid by the insurance institution is not lower than the postmortem mortem entitled under § 2 and 6. If the compensation is lower than the post mortem, the employer is obliged to pay the family an amount representing the difference between those benefits.
CHAPTER FOUR
Obligations of the employer and employee
Chapter I
Employers ' obligations
Article 94. [ Employer's basic obligations] The employer shall be obliged in particular:
1) to familial themselves with the employees who undertake to work within their responsibilities, the way in which they work in the designated positions and their basic powers;
2) organize work in a way that ensures full use of the working time as well as the achievement by employees, using their skills and qualifications, high performance and due quality of work;
2a) organise work in such a way as to reduce the nuisance of work, especially monotonous work and work at a predetermined pace;
2b) counteract discrimination in employment, in particular on the grounds of sex, age, disability, race, religion, nationality, political beliefs, affiliation, ethnicity, religion, sexual orientation, as well as employment for a fixed or indefinite period of time or full or part-time employment;
3) (repealed)
4) provide safe and hygienic working conditions and carry out systematic training of workers in occupational safety and health;
5) timely and correct payment of remuneration;
6) facilitate employees to improve their professional qualifications;
7. provide workers who undertake employment on completion of a vocational training school or a higher education school that is conducive to an adaptation to the proper working of the work;
8) to meet the needs of workers ' social resources as far as possible;
9) apply objective and fair criteria for the evaluation of employees and the results of their work;
9a) carry out documentation on matters relating to the employment relationship and the personal files of employees;
9b) keep records in cases related to the employment relationship and personnel files of employees in conditions that are not damaged or destroyed;
10) influence the shaping of the work of the principles of social coexistence.
Article 94 1 . [ Employer's basic obligations] The employer shall make available to the employees the text of the provisions concerning equal treatment in employment in the form of written information distributed on the premises of the establishment or provide employees with access to these provisions in any other way adopted at the same time. employers.
Article 94 2 . [ Information] The employer is obliged to inform employees in the manner in which the employer is given the opportunity to be employed in full or part-time employment, and temporary staff members of the job vacancy are available.
Article 94 3 . [ Obligation to counteract mobbing] § 1. The employer is obliged to counteract mobbing.
§ 2. Mobbing means the act or conduct of an employee or directed against an employee, consisting in persistent and prolonged harassment or intimidation of a worker, causing him to underestimate the suitability of a professional, causing, or to degrade or embark on an employee, isolate it or eliminate it from a team of associates.
§ 3. A staff member who has caused a health care to be unpaid by mobbing may receive an appropriate amount of money from the employer for the amount of money to be paid for the injury.
§ 4. The employee who has terminated the contract as a result of the mobbing has the right to claim compensation from the employer in the amount not lower than the minimum wage for the work, determined on the basis of separate provisions.
§ 5. The statement of the staff member to terminate the contract of employment shall take place in writing, stating the reasons referred to in § 2, justifying the termination of the contract.
Article 95. (repealed)
Article 96. (repealed)
Article 97. [ Labour Certificate] § 1. In connection with the termination or termination of the employment relationship, the employer shall be obliged to issue a work certificate to the employee without delay. The issue of a certificate of work may not be subject to the prior settlement of the employee with the employer.
§ 1 1 If the employee remains in employment with the same employer on the basis of a contract of employment concluded for a probationary period or a fixation contract, the employer is obliged to issue a working certificate to the employee covering the completed periods of employment on the basis of such agreements, concluded within a period of 24 months, starting from the date of conclusion of the first of those contracts.
§ 1 2 . The certificate of work shall be issued on the date of expiry of the period referred to in § 1 1 If, however, the termination or termination of a contract of employment established before the expiry of 24 months is after the expiry of that period, the work certificate shall be issued on the date of termination or termination of such contract of employment.
§ 1 3 . Worker referred to in § 1 1 , may at any time request the issue of a work certificate in connection with the termination or expiry of any contract of employment referred to in that provision or work certificate relating to the total period of employment on the basis of such contracts, a request to issue a certificate of work. The employer is obliged to issue a certificate of work within 7 days from the date of submission of the employee's written application.
§ 2. The work certificate shall indicate the period and type of work carried out, the positions taken, the mode of termination or the circumstances of expiry of the employment relationship, and other information necessary for the establishment of the staff's rights and social security entitlements. In addition, the work certificate shall mention the payment of the remuneration for the work in accordance with the provisions on enforcement proceedings. At the request of the staff member in the certificate of work, the information on the amount and the components of the remuneration and the qualifications obtained shall also be provided.
§ 2 1 The employee may, within 7 days of receiving the certificate of work, request the employer to rectify the certificate. In the event of failure to take account of the application, the staff member shall be entitled, within 7 days of the notice of refusal to rectify the certificate of work, to request his rectification to the labour court.
§ 3. If the decision of the court of work indicates that the termination of the employment contract without notice of his or her fault occurred in breach of the provisions on the termination of employment contracts, the employer shall be included in the certificate of employment. information that the termination of the employment contract followed the termination of the contract by the employer.
§ 4. Minister for Labour and Social Policy [ 2] define, by means of a regulation, the detailed content of the certificate of work and the manner and mode of issuing and correcting it.
Article 98. (repealed)
Article 99. [ Not released on time or issue of the wrong working certificate] § 1. The employee shall be entitled to a claim for compensation of the damage caused by the employer as a result of not being issued in time or by issuing the wrong certificate of work.
§ 2. Compensation referred to in § 1 shall be entitled to the amount of the remuneration for the duration of the stay without work for that reason, but not longer than 6 weeks.
§ 3. (repealed)
§ 4. The decision on compensation in connection with the issue of the wrong certificate of work constitutes the basis for the amendment of the certificate.
Chapter II
Employee Responsibilities
Article 100. [ Basic Employee Responsibilities] § 1. The employee is obliged to perform the work conscientiously and carefully and apply to the instructions of the superiors concerning the work, if they are not contrary to the provisions of the law or the contract of employment.
§ 2. The employee is obliged in particular:
1) comply with the working time set in the workplace;
2) comply with the rules of work and established in the establishment of the work order;
3) comply with regulations and rules on safety and hygiene of work, as well as fire regulations;
4) take care of the welfare of the establishment, protect its property and keep in secret information the disclosure of which could expose the employer to the detrimental;
5) observe the secrecy specified in the separate provisions;
6) comply with the work of the work of the principles of social coexistence.
Article 101. (repealed)
Chapter IIa
Prohibition of competition
Article 101 1 . [ Prohibition of competition in the course of the employment relationship] § 1. To the extent specified in a separate agreement, the employee may not engage in any business competitive to the employer or to provide work in relation to the employment relationship or on another basis in favour of the operator of such activity (prohibition of competition).
The employer, who has suffered damage as a result of a breach by an employee of a prohibition on competition provided for in the contract, may claim compensation from the employee of that damage on the basis of the rules laid down in Chapter I of the fifth chapter.
Article 101 2 . [ Prohibition of competition after termination of employment] § 1. Article Recipe 101 1 § 1 shall apply mutatis mutandis where an employer and an employee who has access to particularly important information, the disclosure of which could expose the employer to the damage, shall conclude a non-competition agreement after the employment relationship has ceased. The contract shall also lay down the duration of the prohibition of competition and the amount of compensation payable to the employee from the employer, subject to the provisions of paragraphs 2 and 3.
§ 2. The prohibition of competition referred to in paragraph 1 shall cease to apply before the expiry of the period for which the contract provided for in that provision has been concluded, in the event of a cessation of reasons justifying such a prohibition or failure to fulfil an employer's obligation to do so. compensation payments.
§ 3. The compensation referred to in paragraph 1 may not be less than 25% of the salary received by the employee before the termination of the employment relationship for the period corresponding to the duration of the prohibition of competition; the compensation may be paid in the monthly racies. In the event of a dispute over compensation, the court of work shall rule.
Article 101 3 . [ Form of written contracts] Agreements referred to in Article 101 1 § 1 and Art. 101 2 § 1 shall require the written form to be annulled.
Article 101 4 . [ Relation to separate provisions] The provisions of the Chapter shall not prejudice the prohibition of competition provided for in separate provisions.
Chapter III
Professional qualifications of employees
Article 102. [ Qualification of professional qualifications] The professional qualifications of the employees required to perform the work of a particular type or on a particular post may be laid down in the labour law provided for in the Article. 77 1 -77 3 , to the extent that is not regulated by specific provisions.
Article 103. (lost power)
Article 103 1 . [ Lifting of professional qualifications by employee] § 1. The training of professional qualifications shall be understood to mean the acquisition or completion of knowledge and skills by an employee, either on the initiative of the employer or with his/her consent.
§ 2. An employee who is entitled to a professional qualification shall be entitled:
1. training leave;
2) exemption from all or part of the working day, for the time necessary to arrive at a time of time for compulsory classes and for the duration of their activities.
§ 3. For the duration of the training leave and for the duration of the exemption from all or part of the working day, the employee shall retain the right to pay.
Article 103 2 . [ Training leave dimension] § 1. Training leave referred to in art. 103 1 § 2 (1) shall be entitled to:
1) 6 days-for an accomer for extermination exams;
2) 6 days-for the staff member joining the maturalexamination;
3) 6 days-for a staff member joining an examination confirming professional qualifications;
4) 21 days in the last year of studies-for the preparation of the diploma work and preparation and accession to the diploma examination.
§ 2. Training leave shall be granted in the days which are for the employee of the day of work, in accordance with the applicable timetable.
Article 103 3 . [ Additional benefits to professional underlining staff] The employer may grant to the worker raising the professional qualifications additional benefits, in particular cover the fees for training, tolls, manuals and accommodation.
Article 103 4 . [ An agreement between the employer and an employee who has a professional qualification] § 1. The employer shall include an employee with a professional qualification contract specifying the reciprocal rights and obligations of the parties. The contract shall be concluded in writing.
§ 2. The contract referred to in § 1 shall not contain provisions less favourable to the worker than the provisions of this Chapter.
§ 3. There is no obligation to conclude an agreement as referred to in § 1 if the employer does not intend to oblige the employee to remain in employment upon completion of the lifting of professional qualifications.
Article 103 5 . [ Reimbursement of costs incurred by the employer for raising professional qualifications by the employee] A worker who carries out professional qualifications:
(1) which, without justified reasons, does not undertake to improve the professional qualifications or to increase the improvement of these qualifications,
2) with whom the employer will dissolve the employment relationship without notice of his fault, during the course of the lifting of the professional qualifications or after his completion, within the period specified in the contract referred to in art. 103 4 , not more than 3 years,
(3) which, during the period referred to in point 2, will terminate the employment relationship with the notice, except for the termination of the employment contract for the reasons referred to in Article 3 (2). 94 3 ,
(4) which, during the period referred to in point 2, will terminate the employment relationship without notice under Article 55 or art. 94 3 , despite the lack of reasons set out in those provisions
-is obliged to reimburt the costs incurred by the employer for this purpose in respect of the additional benefits, in proportion to the period of employment after the completion of the establishment of the professional qualifications or the period of employment during which they are completed. lifting.
Article 103 6 . [ Entitlements of the employee to acquire or supplement knowledge and skills on a different basis] An employee acquiring or supplementing knowledge and skills on a basis other than those laid down in art. 103 1 -103 5 , may be granted:
1) exemption from all or part of the working day without retaining the right to remuneration,
2) free leave
-in the dimension established by the agreement concluded between the employer and the worker.
Chapter IV
Rules of employment
Article 104. [ Labour Regulations] § 1. The rules of work shall establish the organisation and order of the work process and the associated rights and obligations of the employer and the employees.
Section 2 of the Rules of Procedure shall not be introduced if, to the extent provided for in paragraph 1, the provisions of the collective agreement are in force or where the employer employs fewer than 20 employees.
Article 104 1 . [ Content of Regulation] § 1. The rules of procedure, specifying the rights and obligations of the employer and the workers associated with the order in the establishment, shall determine in particular:
1) the organization of work, the conditions of residence at the premises of the workplace during and after work, the equipment of the workers in the tools and materials, as well as in clothing and work shoes and in the means of personal protection and personal hygiene;
2) working time systems and timetables, and the accepted periods of working time;
3) (repealed)
4. night time;
5) deadline, place, time and frequency of salary payment;
6) the lists of work to be made to young people and to women;
7) the types of work and the list of work stations allowed for workers juvenile for the purpose of professional preparation;
7a) a list of the light work permitted by young workers employed for a different purpose than professional preparation;
(8) occupational safety and health obligations and fire protection obligations, including the way in which workers are informed of the occupational risks associated with the work carried out;
(9) the way in which the employer has confirmed the way in which workers arrive and their attendance at work and to justify their absence at work.
§ 2. The Rules of Procedure should contain information on penalties applied in accordance with art. 108 of the staff responsible for the order of staff.
Article 104 2 . [ Reconciling the Content of the Regulation] § 1. The rules of employment shall be determined by the employer in agreement with the establishment of the trade union.
§ 2. In the event of failure to agree on the content of the Rules of Procedure with the establishment of a trade union within the time limits set by the parties, and in the event that the employer does not operate the establishment of a trade union organisation, the employer shall determine the rules of employment.
Article 104 3 . [ Entry into force of the Regulation] § 1. The Rules of Procedure shall enter into force two weeks after the date of application of the Staff Regulations, in a manner adopted by the employer concerned.
§ 2. Employer is obliged to familial the employee with the contents of the Staff Regulations before allowing him to work.
Article 104 4 . (repealed)
Chapter V
Awards and distinctions
Article 105. [ Conditions to be granted] Rewards and distinctions may be awarded to employees who, by exemplary performance of their duties, manifested in the work of the initiative and improving their productivity and quality, are particularly important for the performance of the plant's tasks. A copy of the notice of award or distinction shall be made up of the employee's personal file.
Article 106. (repealed)
Article 107. (repealed)
Chapter VI
Ordinal responsibility of employees
Article 108. [ Catalogue of penalties] § 1. For the employee's failure to comply with the established organization and order in the work process, occupational health and safety regulations, fire regulations, as well as the accepted way of confirming the arrival and presence at work and the justification for absence from work, the employer may apply:
1) the punishment of the uptake;
2) reprimand punishment.
§ 2. For the employee's failure to comply with safety and hygiene regulations of work or fire regulations, to leave work without justification, to work in a state of infidelity or consumption of alcohol at work-the employer may also apply a pecuniary penalty.
§ 3. The penalty payment for one overrun and for each day of unjustified absence shall not be higher than the employee's one-day salary and, in total, the fines may not exceed the tenth part of the salary per person an employee for payment, after deduction of the deductions referred to in Article 87 § 1 points 1-3.
§ 4. The proceeds of fines are devoted to improving health and safety conditions.
Article 109. [ Penalty mode] § 1. The penalty may not be applied after a period of 2 weeks after the notification of the infringement of the employee's obligation and after 3 months after the infringement has been admitted.
§ 2. The Kara may be applied only after prior hearing of the employee.
§ 3. If, owing to absence from the establishment, the worker cannot be heard, the two-week period provided for in paragraph 1 shall not start and the person commenced shall be suspended until the date of the employee's appointment.
Article 110. [ Employee Notice] The employer shall inform the employee in writing, indicating the nature of the breach of the employee's duties and the date of the employee's admission of the infringement, and informing him of the right to object and the time limit for bringing him in. A copy of the notice shall be submitted to the staff member's file.
Article 111. [ Factors to be taken into account when applying the penalty] In the application of the penalty, account shall be taken, in particular, of the type of infringement committed, the degree of fault of the staff member and his/her relationship to work so far
Article 112. [ Application of penalties in violation of the law] § 1. If the application of the sentence has been applied in breach of the law, the staff member may, within seven days of the date of notification of the sentence, raise objections to him. The employer shall decide whether to take into account or reject the opposition after considering the position of representing the employee of the establishment of the trade union organization. The non-rejection of the opposition within 14 days from the date of its transfer shall be equivalent to the opposition.
§ 2. An employee who has lodged an objection may, within 14 days of the date of notification of rejection of the opposition, request the court of service to waive the penalty applied to it.
§ 3. In the event of opposition to the applicable penalty payment or to the abolition of that penalty by the labour court, the employer shall be obliged to reimburse the employee the equivalent of the amount of that penalty.
Article 113. [ Sanction] § 1. A penalty shall be deemed to be non-bovine, and a copy of the notice of punishment shall be removed from the personal file of the employee after the year of the impectable work. The employer may, on his own initiative or at the request of the employee of the establishment of a union organization, consider the penalty not to be the former before the expiry of that period.
§ 2. The first sentence of the first sentence of Paragraph 1 shall apply, mutatis mutandis, where the employer has objected to the opposition or to the court of work of the decision to waive the sentence.
Article 113 1 . (repealed)
THE HEADING
Material liability of employees
Chapter I
Liability of the employee for the damage caused to the employer
Article 114. [ Employee's wines] A staff member who, as a result of the non-performance or improper performance of his or her fault, has caused the employer of the damage, shall be liable to the material in accordance with the rules laid down in this Chapter.
Article 115. [ Responsibility limits] The employee shall be liable for damage within the limits of the actual loss suffered by the employer and only for the normal aftermath of the action or omission from which the damage resulted.
Article 116. [ Burden of proof] The employer shall be obliged to demonstrate the circumstances justifying the liability of the worker and the amount of the damage resulting.
Article 117. [ Limitation of employee liability] § 1. The employee shall not be liable for damage to the extent that the employer or any other person has contributed to it or to increase it.
§ 2. The employer shall not bear the risks associated with the employer's activity and in particular shall not be liable for damage resulting from the action within the limits of the permissible risk.
§ 3. (repealed)
Article 118. [ Injury caused by several employees] In the event of injury to a number of employees, each of them shall be liable for the part of the damage which is appropriate to contribute to it and to the extent of the fault. If it is not possible to determine the degree of fault and the contribution of individual workers to the damage, they shall be equivalent to those in equal parts.
Article 119. [ Compensation amount] The compensation shall be determined in the amount of the damage caused, but shall not exceed the amount of the three-month salary due to the worker on the date of the damage.
Article 120. [ Injury to a third party] § 1. In the event of a worker's failure to carry out his duties as a worker, he/she shall only be liable to compensation for damage to a third party.
§ 2. In the case of the employer who has fixed the damage caused to a third party, the employee shall bear the responsibility provided for in the provisions of this Chapter.
Article 121. [ Ugoda] § 1. If the compensation is made on the basis of a settlement between the employer and the employee, the amount of the compensation may be reduced, taking into account all the circumstances of the case, and in particular the degree of fault of the worker and his/her relationship to the employee responsibilities.
§ 2. Taking into account the circumstances set out in § 1, the amount of the compensation may also be reduced by the court of work; this also applies to the case where the damage is repaired on the basis of a court settlement.
Article 121 1 . [ Non-performance of the settlement by the employee] § 1. In the event of a failure to execute the settlement by the employee, it shall be subject to the implementation under the provisions of the Code of Civil Procedure, after the granting of its enforceability clause by the labour court
§ 2. The Court of Work shall refuse to grant a declaration of enforceability if it establishes that it is contrary to the law or the principles of social coexistence.
Article 122. [ Repairing full-height damage] If the employee deliberately caused the damage, he shall be obliged to make good the damage in full.
Article 123. (repealed)
Chapter II
Liability for property entrusted to the employee
Article 124. [ Responsibility at full height] § 1. An employee who has been assigned a reimbursement obligation or is to be calculated:
1) money, securities or valuables,
2) tools and instruments or similar items, as well as personal protective equipment and clothing and work shoes,
is in full amount for the damage caused by this property.
§ 2. The employee shall be liable in full also for damage to his property other than those mentioned in § 1, entrusted to him with the obligation to return or to enumerate himself.
§ 3. The liability referred to in paragraphs 1 and 2 may be released if it demonstrates that the damage was caused by reasons beyond the control of the worker and, in particular, by the employer's failure to provide the conditions for the security of the person entrusted to him. property.
Article 125. [ Common Substantive Responsibility] § 1. Under the rules laid down in Article 4. 124 employees may accept the joint material liability for the property entrusted to them together with the obligation to calculate. The basis for the total entrustment shall be the contract of material responsibility, concluded in writing by employees with the employer.
§ 2. The staff responsible for the joint material responsibility shall be responsible in the parts set out in the contract. However, where it is found that the damage in whole or in part has been caused by some of the workers, the injury or the relevant part of the damage is only liable to the perpetrator of the injury.
Article 126. [ Delegation] § 1. The Council of Ministers shall determine by regulation the scope and detailed rules for the application of the provisions of Article 125 and the mode of total property trustee.
§ 2. The Council of Ministers, by way of regulation, may determine the conditions of liability for damage to the property referred to in art. 124 § 2 and in Art. 125:
1. within a limited amount, as established by that Regulation;
2. on the basis of the rules laid down in Article 114-116 and 118.
Article 127. [ Application of provisions of the Act] For the liability referred to in Article 124-126 the provisions of the Articles shall apply mutatis mutandis. 117, 121, 121 1 and 122.
CHAPTER SIX
Working Time
Chapter I
General provisions
Article 128. [ Working Time Definition] § 1. The time of work is the time at which the employee remains at the employer's disposal at the job establishment or in another place designated to perform the work.
§ 2. The provisions of the department are referred to as:
1) shift work-this must be understood by the work to be carried out according to the fixed distribution of working time providing for a change in the number of hours, days or weeks of work carried out by individual workers;
(2) workers who are managing on behalf of the employer the work of the employer, shall be understood to mean workers who are at the same time working as a job and their alternates or employees who are members of a collegiate body managing the work of the job, and the main accounting officers.
§ 3. For the purpose of accounting for employee working time:
(1) 24 consecutive hours, starting from the time at which the employee starts working in accordance with the working time distribution;
2) for a week-you shall understand 7 consecutive calendar days, starting from the first day of the financial period.
Chapter II
Standards and overall dimension of working time
Article 129. [ Clearing Period] § 1. The working time shall not exceed 8 hours a day and an average of 40 hours on an average five-day week of work in an agreed accounting period not exceeding 4 months, subject to Article 4 of the Regulation. 135-138, 143 and 144.
§ 2. In any system of working time, if justified by objective or technical reasons or concerning the organisation of work, the settlement period may be extended, but not more than up to 12 months, while maintaining the general principles on protection of the safety and health of workers.
§ 3. The distribution of the working time of the staff member concerned may be made, in written or electronic form, for a period shorter than the financial period, but shall cover at least 1 month. The employer shall provide the employee with a working time distribution at least one week before the start of the work during the period for which the distribution is drawn up.
§ 4. An employer shall not be obliged to schedule work time if:
1) the distribution of the employee's working time is due to the labour law, the notice referred to in art. 150 § 1, or the contract of employment;
2. in agreement with the staff member shall determine the time necessary for the performance of the assigned duties, taking into account the working time resulting from the standards referred to in paragraph 1; in such a case, the distribution of the working time shall be determined by the staff member;
3. at the written request of the staff member shall apply to him the timetables referred to in art. 140 1 ;
4) at the written request of the employee to determine the individual distribution of working time.
§ 5. If, in a given month, due to the distribution of working time in the reference period adopted, the staff member is not obliged to perform his work, he shall be entitled to a remuneration of not less than the minimum wage for the work determined on the basis of separate provisions; in the case of a part-time worker, the amount of that remuneration shall be fixed in proportion to that working time dimension.
Article 130. [ Calculation of the working time dimension] § 1. The working time dimension of the employee in the agreed settlement period, established in accordance with the art. 129 § 1 shall be calculated:
1) multiplying 40 hours by the number of weeks falling within the accounting period, and then
2) adding to the received number of hours the product of 8 hours and the number of days remaining until the end of the settlement period, falling from Monday to Friday.
§ 2. Each holiday occurring during the settlement period and occurring on a different day than Sunday lowers the working time dimension by 8 hours.
§ 2 1 . (lost power)
§ 3. The working time dimension of the employee during the accounting period, established in accordance with art. 129 § 1, shall be reduced during that period by the number of hours of justified absence at work in the absence thereof, in accordance with the timetable of the working time.
Article 131. [ Weekly Working Time] § 1. The weekly working time, including overtime, shall not exceed the average of 48 hours in the reference period adopted.
§ 2. The limitation provided for in § 1 does not apply to the employees of the management on behalf of the employer.
Chapter III
Rest periods
Article 132. [ Right to rest] § 1. The worker shall be entitled to at least 11 hours of uninterrupted rest in every day, subject to § 3 and to Article 3. 136 § 2 and art. 137.
§ 2. Paragraph 1 does not apply to:
1) the employees of the managers on behalf of the employer of the job establishment;
2) cases of the need for rescue operations to protect life or human health, protect property or the environment or to remove the failure.
§ 3. In the cases referred to in paragraph 2, an equivalent rest period shall be entitled, during the accounting period, to a period of rest.
Article 133. [ Rest] § 1. A staff member shall be entitled to at least 35 hours of continuous rest during each week, covering at least 11 hours of continuous daily rest.
§ 2. In the cases referred to in Article 132 § 2 and in the event of a change in the working time of the employee in connection with his transition to another change, according to a fixed timetable, the weekly uninterrupted rest may cover a smaller number of hours, however, it may not be less than 24 hours.
§ 3. The rest referred to in § 1 and 2 shall fall on Sunday. Sunday includes 24 consecutive hours, starting at 6 p.m. 00 on that date, unless a different time has been set for the employer in question.
§ 4. In the cases of permitted work on Sunday, the rest referred to in § 1 and 2 may fall on a different day than Sunday.
Article 134. [ Right to break] If the employee's daily working time is at least 6 hours, the employee shall have the right to a rest period of at least 15 minutes, which shall be counted as a working time.
Chapter IV
Work time systems and timetables
Article 135. [ Equivalent working time system] § 1. Where justified by the type of work or organisation of work, a system of equivalent working time may be used, in which an extension of the daily working time may be allowed, but not more than up to 12 hours, during the accounting period. not more than 1 month. The extended daily working time dimension is offset by a shorter daily working time dimension in some days or days free of work.
§ 2. In particularly justified cases, the settlement period referred to in paragraph 1 may be extended, but not more than up to three months.
§ 3. In the works dependent on the time of the year or the atmospheric conditions, the settlement period referred to in § 1 may be extended, not more than up to 4 months.
Article 136. [ Dispensing devices] § 1. A system of equivalent working time may be used for the work of a device dispenser or part of a partial stay in emergency work, in which an extension of the daily working time may be allowed, but not more than up to 16 hours, during the accounting period not exceeding 1 month.
§ 2. In the working time system referred to in paragraph 1, the worker shall be entitled, immediately after each period of work in the extended daily working time, to rest for a period of time corresponding to at least the number of hours worked, regardless of the rest provided for in art. 133.
Article 137. [ Employment for the urgency of property or protection of persons] A system of equivalent working time may be used for workers employed in the guarding of property or the protection of persons, as well as workers of the fire-fire service and the establishment of emergency services, in which an extension of the daily life is permitted. a working time dimension up to 24 hours, in a settlement period not exceeding 1 month. The provisions of Article 4 135 (2) and (3) and Article 3 136 § 2 shall apply mutatis mutandis.
Article 138. [ Working in continuous traffic] § 1. In the works which, due to the production technology, cannot be withheld (continuous operation), a working time system can be used, in which it is permissible to extend the working time to 43 hours on average for a week during the period transferable to no more than 4 weeks, and one day in some weeks during that period the daily working time may be extended to 12 hours. For each hour of work exceeding 8 hours a day on the day on which the work is performed in an extended period of time, the staff member shall have an allowance for remuneration referred to in Article 3. 151 1 § 1 point 1.
§ 2. The provision of § 1 shall also apply where the work cannot be withheld because of the need for continuous meeting of the needs of the population.
§ 3. In the cases referred to in paragraphs 1 and 2, the working time dimension of the worker in the agreed settlement period shall be calculated as follows:
1) multiplying 8 hours by the number of calendar days falling during the accounting period, excluding Sundays, holidays and holidays resulting from the distribution of working time on an average five-day working week, and then
2) adding to the number of hours corresponding to the number of hours corresponding to the employer's extended working time for a given employer.
§ 4. The number of hours corresponding to the employer's extended weekly working time shall not exceed 4 hours for each week of the accounting period in which the working time is extended.
§ 5. The provisions of Article 4 130 § 2 second sentence [ 3] and § 3 shall apply mutatis mutandis.
Article 139. [ Aborted working time system] § 1. If justified by the type of work or organisation of the work, the system of intermittent working time shall be applied at the top of a fixed distribution providing no more than one break in work per day, lasting no more than 5 hours. The interruption shall not be included in the working time, but at the time of the interruption, the staff member shall be entitled to a salary of half of the salary due for the time of the outage.
Section 2 of the Working Time System shall not apply to an employee covered by the working time system referred to in Article 2. 135-138, 143 and 144.
§ 3. The system of interruptive working time is introduced in the collective agreement or in agreement with the establishment of a trade union, and if the employer does not work in a given employer, in consultation with the employees ' representatives are established in accordance with the employer's adopted procedure, subject to § 4.
§ 4. In the case of an employer who is a natural person, who is active in the field of agriculture and farming, who is not involved in the establishment of a related trade union, the system of intermittment may be used on the basis of a contract of employment. The staff member shall be entitled to remuneration for the period of interruption referred to in paragraph 1 if this is due to a contract of employment.
§ 5. Where it is not possible to agree on the content of the agreement referred to in paragraph 3 with all the relevant trade union organisations, the employer shall agree on the content of the agreement with the trade union organisations representative within the meaning of the Article. 241 25a .
Article 140. [ Job-Time Job System] In cases justified by the type of work or the organisation or place of work, the working time system may be used. After consultation with the employee, the employer shall determine the time necessary for the performance of the tasks entrusted, taking into account the working time dimension resulting from the standards referred to in Article 4. 129.
Article 140 1 . [ Work Time Distribution] § 1. The work time distribution can provide for different starting hours for days that are scheduled for work days according to this distribution.
§ 2. The work time distribution may provide for an interval of time in which the employee decides at the time of commenction of work on the day that according to this schedule is for the employee day of work.
§ 3. The work carried out in accordance with the timetables referred to in paragraphs 1 and 2 shall not affect the worker's right to rest, as referred to in Article 3. 132 and 133.
§ 4. In the timetables referred to in paragraphs 1 and 2, the rework of work in the same day shall not constitute overtime.
Article 141. [ Pause at work] § 1. The employer may make one break in work not included in the working time, in a time dimension not exceeding 60 minutes, intended for the consumption of a meal or a personal business.
§ 2. The interruption of the work referred to in § 1 shall be entered in the collective agreement of the work or the rules of work or the contract of employment, if the employer is not covered by the collective agreement or is not required to establish the rules of work.
Article 142. [ Individual Work Time Distribution] At the written request of the employee, the employer may determine the individual distribution of his working time as part of the working time system to which the employee is covered.
Article 143. [ Abbreviated working week system] At the written request of the employee, the system of short work week may be used. This system is permitted to perform work by a worker for less than 5 days during the week, while extending the daily working time, not more than 12 hours, during the accounting period not exceeding 1 month.
Article 144. [ Prolongation of the daily working time] At the written request of the employee, a working time system may be applied to it, in which the work is provided exclusively on Fridays, Saturdays, Sundays and holidays. This system shall be permitted to extend the daily working time, but not more than 12 hours, during the reference period not exceeding one month.
Article 145. [ Reduction of working time] § 1. Shortening the working time below the standards specified in art. 129 (1) for workers who are employed in conditions that are particularly burdensome or particularly harmful to health, may rely on the establishment of breaks in working time, or on the reduction of those standards, and in the case of monotonous work or work. at the predetermined rate is the interruption of the work included in the working time.
§ 2. The list of works referred to in § 1 shall be determined by the employer after consultation with the employees or their representatives in the mode and on the principles laid down in art. 237 11a and art. 237 13a and after consulting the doctor who is working on the health care of the workers.
Article 146. [ Shift Work] Shift work is acceptable regardless of the working time system used.
Article 147. [ Days free] For each system of working time, where it provides for the distribution of working time on Sundays and holidays, staff shall be provided with a total number of days off from work in the reference period adopted, corresponding to at least the number of Sundays, holidays and vacancies in the average of five days of work in this period.
Article 148. [ Restrictions on systems and timetables] In the systems and timetables of the work referred to in Article 135-138, 143 and 144, working time:
1) workers employed in jobs where the maximum concentration limits or the intensities of health-harmful factors are exceeded,
2) pregnant workers,
3) workers caring for the child to complete for not 4 years of age, without their consent
-shall not exceed 8 hours. The staff member shall retain the right to pay for the time not worked in connection with the reduction of his working time for that reason.
Article 149. [ Working Time Records] § 1. The employer shall keep a record of the employee's working time for the purposes of correctly determining his remuneration and other work benefits. The employer shall make such records available to the employee at his/her request.
§ 2. In respect of workers subject to the working time system, the employees who manage on behalf of the employer the working time and the staff receiving the lump sum for overtime or for night work shall not be recorded in the hours of the day. work.
Article 150. [ Establishing of working time systems and timetables] § 1. Working time systems and timetables and the accepted periods of working time shall be set out in a collective agreement or in the labour rules or in the notice if the employer is not covered by a collective agreement or is not obliged to do so. the determination of the Staff Regulations, subject to paragraphs 2 to 5 and Article 139 § 3 and 4.
§ 2. Employer in which the establishment of a trade union organisation is not operating, as well as the employer, whose establishment is not authorised to establish or amend the working time systems and timetables and periods of working time, apply the working period of the working time referred to in Article 135 (2) and (3), after prior notification to the competent district labour inspector.
§ 3. Extension of the working time settlement period in accordance with art. 129 (2) and the timetables referred to in Article 4 (2) (a) of the 140 1 , shall be:
1) in the collective agreement of the work or in agreement with the establishment of trade union organisations; if it is not possible to agree the content of the agreement with all the relevant trade union organisations, the employer agrees the content of the agreement with the organizations Trade union representatives within the meaning of Article 4 241 25a , or
2) in an agreement with the employees ' representatives, established in accordance with the employer's consent-if the employer does not act as a trade union organisation.
§ 4. The employer shall forward a copy of the agreement on the extension of the working time settlement referred to in § 3 to the competent District Labour Inspectorate within 5 working days from the date of conclusion of the agreement.
§ 5. Timetables of the work referred to in Article 140 1 , may also be used on the written request of a worker, irrespective of the establishment of such timetables in accordance with the procedure laid down in § 3.
§ 6. Apply to the employee of working time systems referred to in art. 143 and 144, shall be based on a contract of employment.
§ 7. The notice referred to in paragraph 1 shall apply mutatis mutandis. 104 3 .
Chapter V
Overtime work
Article 151. [ Work in overtime] § 1. The work performed above the working hours of the labor standard, as well as the work done over an extended daily working time, resulting from the applicable employee of the system and the distribution of working time, constitutes a work in overtime. Overtime work is allowed in the event of:
1) the need to carry out rescue operations to protect human life or health, protect property or the environment or remove the failure;
2) the specific needs of the employer.
§ 2. The provision of Paragraph 1 (2) shall not apply to workers employed at work stations where the maximum concentration limits or the intensities of the health-harmful factors are exceeded.
§ 2 1 . It does not constitute an overtime period of time for the work to be exempted from the work, granted to the worker, at his written request, in order to take care of personal matters. The employment exemption shall not affect the worker's right to rest, as referred to in Article 4. 132 and 133.
§ 3. The number of overtime worked in connection with the circumstances referred to in paragraph 1 (2) shall not exceed, for each worker, 150 hours in the calendar year.
§ 4. If the employer is not covered by a collective agreement or is not required to set up the rules of work, it is permissible to set a different number of overtime hours in a collective agreement, or in the employment contract or in the employment contract. a calendar year than that referred to in § 3.
§ 5. The parties agree on the number of working hours in the contract for the duration of the work of a part-time worker, who, in addition to the normal remuneration, has a working time of part-time employment, in addition to the normal salary, to the the compensation allowance referred to in Article 151 1 § 1.
Article 151 1 . [ Appendix] § 1. Overtime work, in addition to the normal remuneration, shall be entitled to an allowance of:
1) 100% of the remuneration-for overtime work:
(a) at night,
(b) on Sunday and holidays, which are not for workers ' days of work, in accordance with the timetable for working time,
(c) on a day off from work to be given to the worker in return for work on Sunday or on a holiday, in accordance with the working time schedule in force;
(2) 50% of the remuneration, for overtime work on any other day than that referred to in point 1.
§ 2. Appendix at the amount specified in § 1 (1) shall also be entitled for each hour of overtime work in excess of the average weekly working time standard in the adopted accounting period, unless the excess of that standard has occurred as a result of the overtime work for which the staff member is entitled to an allowance in the amount specified in § 1.
§ 3. The remuneration underlying the calculation of the allowance referred to in paragraph 1 shall include the employee's salary resulting from his personal grade at an hourly or monthly basis, and if such a component of remuneration has not been made extracted when determining remuneration conditions-60% of the remuneration.
§ 4. In respect of workers who are permanently working outside the establishment of work, the remuneration, together with the addition referred to in paragraph 1, may be replaced by a lump sum, the amount of which should correspond to the foreseeable dimension of overtime.
Article 151 2 . [ Granting a time off from work] § 1. In return for a time worked in overtime, the employer may, at the written request of the employee, grant him/her in the same amount of time off from work.
§ 2. The sharing of free time in exchange for the time worked in overtime may also occur without the employee's application. In such a case, the employer grants time off from work, at the latest by the end of the financial period, in the dimension half of the overtime worked than the number of hours worked, but this may not result in a reduction in the remuneration due a staff member for a full monthly dimension of working time.
§ 3. In the cases referred to in paragraphs 1 and 2, the staff member shall not be entitled to overtime work allowance.
Article 151 3 . [ Non-Working Day] An employee who, due to the circumstances provided for in Article 151 § 1 has been performed on a non-working day resulting from the distribution of working time on an average of five days ' work week, entitled to a different day of work free from work to the employee until the end of the settlement period, on the date of the work agreed.
Article 151 4 . [ Work outside normal working hours] § 1. Employees who manage on behalf of the employer the work and the managers of the extracted organizational cells perform, if necessary, work outside normal working hours without the right to pay and an allowance for work in hours overtime, subject to § 2.
§ 2. The managers of the segregated organisational cells for overtime work on Sunday and the holiday shall be entitled to remuneration and the allowance for overtime work in the amount specified in art. 151 1 § 1 if, in return for work on such a day, they have not received another day off from work.
Article 151 5 . [ On Duty] § 1. The employer may oblige a worker to stay outside normal working hours in order to perform the work resulting from a contract of employment at the establishment or elsewhere designated by the employer (on call).
§ 2. The on-call time shall not be included in the working time if the staff member during the on-call time is not engaged in the work. The duty period shall not affect the worker's right to rest, as referred to in Article 4. 132 and 133.
§ 3. On on-call time, with the exception of on-call time at home, the staff member shall be entitled to a duty free time in the length of duty and, in the absence of a possibility of free time, the remuneration of his personal grade, a specific hourly or monthly rate, and if such a component of remuneration has not been identified in the determination of the remuneration conditions-60% of the remuneration.
§ 4. The provisions of the second sentence of paragraph 2 and the second sentence of paragraph 3 shall not apply to the employees of the management staff on behalf of the employer.
Article 151 6 . [ Right to Appendix] § 1. In the event of termination of the employment relationship before the end of the financial period, the staff member shall have the right to the allowance referred to in Article 3, in addition to the normal remuneration. 151 1 § 1 if, during the period from the beginning of the trading period to the date of cessation of the employment relationship, he has worked in the time dimension exceeding the working time standards referred to in art. 129.
§ 2. The provision of § 1 shall apply mutatis mutandis in the event of a relationship of work during the settlement period.
Chapter VI
Night work
Article 151 7 . [ Night work] § 1. Nighttime covers 8 hours between hours 21 00 7 00 .
§ 2. An employee whose working time schedule covers at least 3 hours of night work in each day, or at least 1/4 of whose working time during the settlement period is due to night time, is working at night.
§ 3. The working hours of the night shall not exceed 8 hours a day if it is engaged in particularly hazardous work or in connection with a major physical or mental exercise.
§ 4. The list of works referred to in § 3 shall be determined by the employer in agreement with the establishment of the trade union organization and, if the employer is not established by the employer, with representatives of the employees chosen in the mode of the employer in question, and after consultation with a doctor who has preventive health care for workers, taking into account the need to ensure the safety of work and the protection of the health of workers.
§ 5. Article 3 does not apply to:
1) the employees of the managers on behalf of the employer of the job establishment;
2) cases of the need for rescue operations to protect life or human health, protect property or the environment or to remove the failure.
§ 6. At the written request of the employee referred to in § 2, the employer shall inform the competent District Labour Inspectorate of the employment of employees working at night.
Article 151 8 . [ Appendix to remuneration] § 1. An employee at night shall be entitled to an allowance for each hour of night work at a rate of 20% of the hourly rate resulting from the minimum wage for the work, determined on the basis of separate provisions.
§ 2. In the case of workers engaged in night work continuously outside the establishment of work, the allowance referred to in paragraph 1 may be replaced by a lump sum equivalent to the foreseeable exchange of work at night.
Chapter VII
Work on Sunday and holidays
Article 151 9 . [ Days free from work] § 1. The holidays are the Sunday and the holidays stipulated in the regulations on the non-working days.
§ 2. A work on Sunday and a holiday is considered to be a work performed between 6 hours and a day. 00 on this day and time 6 00 on the following day, unless a different time has been set for the employer in question.
Article 151 9a . [ Prohibition of working in commercial establishments on holidays] § 1. Work on holidays in shopping facilities is not allowed.
§ 2. The provision of § 1 shall also apply if the holiday falls on a Sunday.
§ 3. Work on Sunday is permitted in commercial establishments in the execution of the work necessary because of their social usefulness and everyday needs of the population.
Article 151 10 . [ Work on Sunday and holidays] Work on Sunday and holidays is allowed:
1) if necessary to carry out rescue operations in order to protect human life or health, protect property or the environment or to remove the failure;
2) in continuous motion;
3. with shift work;
4) with the necessary repairs;
5) in transport and in communication;
6) in the presumed fire-fire and in the establishment rescue services;
7) with the guarding of property or protection of persons;
8) in agriculture and breeding;
9) in carrying out the work necessary because of their social usefulness and everyday needs of the population, in particular in:
(a) (repealed)
(b) establishments providing services to the public,
(c) gastronomy,
(d) hotel establishments,
e) the units of the municipal economy,
f) health care facilities [ 4] and other health care facilities intended for persons whose health condition requires round-the-clock or all-day health care benefits,
(g) the organisational units of social assistance and the organisational units for the promotion of family and foster care provision providing round-the-clock care,
(h) establishments operating in the field of culture, education, tourism and leisure activities;
10) in relation to the employees employed in the working time system, in which the work is provided exclusively on Fridays, Saturdays, Sundays and holidays;
11. when carrying out the work:
(a) to provide services using electronic means of communication within the meaning of the provisions on the provision of services by electronic means or telecommunications equipment within the meaning of the provisions of telecommunications law, which are received outside the scope of the the territory of the Republic of Poland, if, in accordance with the provisions of the current recipient of the service, the days referred to in art. 151 9 § 1, they are at work days,
(b) providing the possibility of providing the services referred to in point (b). a.
Article 151 11 . [ Non-Working Day] § 1. An employee performing work on Sunday and on holidays, in the cases referred to in art. 151 9a § 3 and Art. 151 10 points 1-9 and 11, the employer is obliged to provide a different day off from work:
1) in return for work on Sunday-within the period of 6 calendar days preceding or following such Sunday;
2) in return for work on the holiday-during the settlement period.
§ 2. If it is not possible to use within the period indicated in § 1 point 1 of the day off from work in return for work on Sunday, the employee shall be entitled to a day off from work until the end of the settlement period, and in the absence of possibility of giving a day a supplement to the remuneration of the amount specified in the Article. 151 1 § 1 point 1, for each hour of work on Sunday.
§ 3. If it is not possible to use within the period specified in § 1 point 2 of the day off from work in return for work on a holiday, the staff member shall be entitled to a supplement to the remuneration in the amount specified in the article. 151 1 § 1 point 1, for each hour of work on the holiday.
§ 4. Work regulations on Sunday are used to work on a holiday on Sunday.
Article 151 12 . [ The use of the Sunday of the free from work] A staff member working on Sunday should benefit at least once every 4 weeks from non-working. This does not apply to the worker employed in the working time system referred to in Article 4. 144.
CHAPTER SEVEN
Staff holidays
Chapter I
Vacation Holidays
Article 152. [ Right to leave] § 1. The staff member shall be entitled to an annual, uninterrupted, paid holiday leave, hereinafter referred to as "leave".
§ 2. The employee may not relinate the right to leave.
Article 153. [ Acquisition of the right to leave] § 1. For the first time, a calendar year in which he has taken up his job is entitled to leave by the end of each month of work, in the dimension of 1/12 of the amount of the leave available to him after the work of the year.
§ 2. The right to subsequent leave shall be acquired in any subsequent calendar year.
Article 154. [ Vacation dimension] § 1. The holiday dimension shall be:
1) 20 days-if the employee is employed for less than 10 years;
2) 26 days-if the employee is employed at least 10 years.
§ 2. The amount of the leave for a part-time worker shall be determined in proportion to the working time of that worker, taking as a basis the amount of the leave referred to in § 1; the incomplete day of leave shall be rounded up to the fullest on.
§ 3. The amount of leave in a given calendar year, as determined on the basis of paragraphs 1 and 2, shall not exceed the dimension specified in paragraph 1.
Article 154 1 . [ Previous employment period] § 1. The period of employment on which the right to leave and the period of leave depends, shall include the periods of previous employment, irrespective of the breaks in employment and the manner in which the employment relationship has ceased.
§ 2. In the case of simultaneous remaining in two or more working relationships, the period of previous unfinished employment shall also be included in the part before the second or subsequent employment relationship is established.
Article 154 2 . [ Granting leave] § 1. Leave shall be granted in the days which are for the employee of the day of work, in accordance with the working time schedule in force, on an hourly basis, corresponding to the daily working time of the staff member on a given day, subject to § 4.
§ 2. When giving leave pursuant to § 1, one day of leave corresponds to 8 hours of work.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the worker for whom the daily standard of working time resulting from the separate provisions is less than eight hours.
§ 4. The granting of an employee leave on a working day in an hourly time corresponding to a part of a daily working time shall be admissible only if the part of the leave remains to be used is lower than the full daily working time a worker on the date on which the leave is to be granted.
Article 155. [ Learning at school] § 1. The period of work on which the amount of leave depends, shall be included in the completion of:
1) an elementary or other equivalent vocational school-provided for the curriculum for the duration of the study, but not more than 3 years,
2) the average vocational school-provided for the curriculum for the duration of the study, but not more than 5 years,
3) the average vocational school for basic graduates (equivalent) of vocational schools-5 years,
4) the average school of general education-4 years,
5) School of Police-6 years,
6) higher education-8 years.
The periods of study referred to in points 1 to 6 shall not be summed up.
§ 2. If a worker is recruiting at a time of employment, the period of work on which the amount of the leave depends, shall be included in the period of employment in which the study was taken, or the period of instruction, whichever is the more favourable to the worker.
Article 155 1 . [ Proportional leave] § 1. In the calendar year in which the employment relationship with the employee entitled to the following leave is established, the staff member shall be entitled to leave:
(1) at the current employer, in proportion to the period of employment of that employer, during the year of the employment relationship, unless, prior to the termination of the employment relationship, the staff member has exercised his or her leave in his/her entitlement to a higher level;
2) at the next employer-in the dimension:
(a) in proportion to the period remaining until the end of the calendar year concerned, in the case of employment for a period not less than the end of the calendar year concerned,
(b) in proportion to the period of employment in a given calendar year, in the case of employment for a period shorter than the end of the calendar year concerned,
subject to § 2.
§ 2. An employee who, prior to the termination of the employment relationship during the calendar year, has used leave in a higher dimension than that resulting from § 1 point 1, shall be entitled to leave the next employer in a sufficiently lower level; the total amount of the leave of the year However, the calendar may not be lower than that resulting from the period worked in all employers during that year.
§ 2 1 The provision of Article 1 (2) shall apply mutatis mutandis to a staff member who is to work with another employer during a calendar year other than the year in which his/her employment relationship with the previous employer ceased.
§ 3. (repealed)
Article 155 2 . [ Proportional leave after free leave] § 1. Article Recipe 155 1 Paragraph 1 (2) shall apply mutatis mutandis to the employee returning to work with his previous employer during a calendar year after a period of at least 1 month period:
1) free leave;
2. parental leave;
3) holding an essential military service or its forms of surrogate, periodic military service, military training or military drills;
4) temporary arrest;
5) holding a custodial sentence;
6) an unjustifiable absence at work.
§ 2. If the period referred to in paragraphs 1 (1) and 3 (6) is after the employee's acquisition of the right to leave in a given calendar year, the period of maternity leave returned to work during the same calendar year shall be reduced proportionately, unless, before the start of that period, the staff member has used leave in his or her own right or in a higher dimension.
Article 155 2a . [ Setting the holiday dimension] § 1. When determining the period of leave on the basis of art. 155 1 and 155 2 the calendar month of work shall correspond to 1/12 of the amount of the staff's leave in accordance with the Article. 154 § 1 and 2.
§ 2. The unfull calendar month of work shall be rounded up to the full month.
§ 3. If the employment relationship between the employer and the next employer is established in the same calendar month, the previous employer shall be rounded up to the nearest month.
Article 155 3 . [ Unfull day of leave] § 1. When determining the period of leave on the basis of art. 155 1 and 155 2 incomplete day of leave shall be rounded up to the full day.
§ 2. The amount of leave due to an employee in a given calendar year may not exceed the dimension resulting from the article. 154 § 1 and 2.
Article 156. (repealed)
Article 157. (repealed)
Article 158. [ Supplementary leave] A worker who has used leave for a given calendar year, and who has subsequently obtained leave in a higher dimension during that year, shall be entitled to supplementary leave.
Article 159. (repealed)
Article 160. (repealed)
Article 161. [ Obligation of leave] The employer is obliged to grant the employee a holiday in that calendar year in which the employee has acquired the right to do so.
Article 162. [ Breakdown of leave to parts] At the request of the employee, the leave may be divided into parts. In this case, however, at least one part of the rest shall be no less than 14 consecutive calendar days.
Article 163. [ Vacation Plan] § 1. Leave should be granted in accordance with the holiday plan. The vacations plan shall be determined by the employer, taking into account the employees ' applications and the need to ensure the normal course of work. The leave plan shall not include the part of the leave to be granted to the worker in accordance with Article 4. 167 2 .
§ 1 1 The employer does not set a leave plan if the establishment of the trade union organisation has given its consent; this also applies to the employer who is not in the works of the establishment of a trade union. In such cases, the employer shall set the holiday period after consultation with the employee. The second and third sentences of paragraph 1 shall apply mutatis mutandis.
§ 2. The leave plan shall be notified to the staff in a manner adopted by the employer concerned.
§ 3. At the request of the staff, the staff shall be granted leave immediately after maternity leave; it shall also apply to the worker-father of a child who is a child who benefits from maternity leave.
Article 164. [ Offset of period of leave on request] § 1. The postponed of the period of leave may take place at the request of the employee motivated by important causes.
§ 2. The transfer of the period of leave shall also be permissible due to the specific needs of the employer, if the absence of the employee would cause serious disruption of the work.
Article 165. [ Obligatory postponed vacation time lag] If the staff member is unable to start the leave within the period laid down for reasons justifying the absence of the work, and in particular because of:
1) temporary incapacity to work as a result of illness,
2) solitary in connection with an infectious disease,
3) calling for military exercises or military training for up to 3 months,
4) maternity leave,
the employer is obliged to postpone leave for a later date.
Article 166. [ Impossible use of leave] Part of leave unused due to:
1) temporary incapacity to work as a result of illness,
2) solitary in connection with an infectious disease,
3) undergoing military exercises or military training for up to 3 months,
4) maternity leave
the employer is obliged to give a later date.
Article 167. [ Cancellation of leave] § 1. An employer may cancel an employee from leave only if his presence in the plant requires circumstances not provided for when the leave is commencing.
§ 2. The employer is obliged to cover the costs incurred by the employee in direct connection with the cancellation of the holiday.
Article 167 1 . [ Obligation to use leave] During the period of termination of the employment contract, the staff member shall be obliged to make use of his or her leave if the employer grants him leave during that period. In such a case, the amount of leave to be granted, excluding any leave, shall not exceed that resulting from the provisions of the Article. 155 1 .
Article 167 2 . [ Leave on employee request] The employer shall be obliged to grant, at the request of the staff member and within the period prescribed by him, no more than 4 days of leave in each calendar year. The staff member shall submit a request for leave at the latest on the day on which
Article 167 3 . [ Vacation dimension on employee request] The total amount of leave used by the employee on the basis and in accordance with the rules laid down in Article 167 2 may not exceed in calendar year 4 days, irrespective of the number of employers with whom the employee remains in a given year in subsequent employment relations.
Article 168. [ Vacation not used] Leave not used within the time limit fixed in accordance with Article The staff member shall be granted no later than 30 September of the following calendar year; this shall not apply to the part of the leave to be granted in accordance with Article 3. 167 2 .
Article 169. (repealed)
Article 170. (repealed)
Article 171. [ Cash Equivalents] § 1. In the event of a failure to make use of the holiday in whole or in part due to termination or termination of the employment relationship, the staff member shall be entitled to a cash equivalent.
§ 2. (repealed)
§ 3. The employer shall not be obliged to pay the cash equivalent referred to in § 1 where the parties decide to use the leave at the time of the stay of the employee in relation to the work on the basis of the next employment contract concluded with the same the employer immediately after the termination or termination of the previous employment contract with the employer.
Article 172. [ Salary for vacation time] During the period of leave, the staff member shall be entitled to the remuneration he would have received if he had worked at that time. Variable remuneration components may be calculated on the basis of the average salary from the 3 months preceding the month of commencement of leave; in cases of significant fluctuation in the amount of remuneration this period may be extended to 12 months.
Article 172 1 . [ Payment of difference between receivables] § 1. If an employer is required under separate provisions to cover an insurance worker who is guaranteed to receive a cash benefit for the duration of the leave, the staff member shall not be entitled to the remuneration provided for in Article 4 (1) of the Financial Regulation. 172 or the cash equivalent referred to in Article 171.
§ 2. If the cash benefit for the period of leave referred to in § 1 is lower than the remuneration provided for in the Article. 172 or from the cash equivalents referred to in Article 172. 171, the employer is obliged to pay to the employee an amount representing the difference between these receivables.
Article 173. [ Delegation] Minister for Labour and Social Policy specify, by way of regulation, detailed rules for the granting of holiday leave, the setting and payment of the pay for the period of leave and the cash equivalent for leave.
Chapter II
Free Holidays
Article 174. [ Unpaid Leave on request] § 1. At the written request of the employee, the employer may grant him a free leave.
§ 2. The period of unpaid leave shall not be included in the period of work on which the rights of the workers are dependent.
§ 3. When granting unpaid leave for more than 3 months, the parties may provide for the admissibility of the worker's cancellation on leave for valid reasons.
§ 4. The provisions of paragraphs 2 and 3 shall not apply in cases which are otherwise regulated by specific provisions.
Article 174 1 . [ Working with another employer] § 1. With the consent of the employee, expressed in writing, the employer may grant to the employee a free leave to perform work with another employer for the period set out in the agreement between the employers in this matter.
§ 2. The period of unpaid leave as referred to in paragraph 1 shall be included in the period of work for which the employees ' entitlement to the existing employer is dependent.
Article 175. (repealed)
ÓSMY CHAPTER
Entitlement of parental workers
Article 175 1 . [ Definitions] Whenever you are in the department of the department you are talking about:
(1) the insured person, the mother of the child, shall be understood to mean the mother of the child who is not a worker, covered by social insurance in the event of sickness and maternity, as laid down in the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963 and 1247);
(2) the insured person-the father of the child-is to be understood by the father of a child who is not an employee, covered by social insurance in the event of sickness and maternity, as defined in the Act of 13 October 1998. the social security scheme;
3) an employee, another member of the immediate family, is a member of an employee, other than a worker, a father of a child, who is a member of the immediate family referred to in art. 29 par. 5 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2016 r. items 372, 960, 1248 and 1265);
4) the insured-another member of the immediate family-is to be understood as a non-worker, other than the insured-the father of the child, the insured member of the immediate family referred to in art. 29 par. 5 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity.
Article 176. [ Work that is 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 allowed to perform onerous, dangerous or harmful effects that may adversely affect their health, pregnancy or the feeding of the baby.
§ 2. The Council of Ministers shall determine, by means of a regulation, a list of the works referred to in § 1, including the work of:
1) related to excessive physical effort, including manual transport of weights,
2) likely to have adverse effects due to the way and conditions of their execution, taking into account the types of factors occurring in the work environment and the level of their occurrence
-the current knowledge of the impact of working conditions and factors in the working environment on the health of women, the course of pregnancy or the feeding of a child to a breast.
Article 177. [ Termination of the contract during pregnancy] § 1. The employer cannot pronounce or terminate the contract of employment during pregnancy, as well as during the period of maternity leave, unless there are reasons justifying the termination of the contract without termination of the contract, and representing the employee The establishment of the trade union organisation agreed to the termination of the contract.
§ 2. The provision of § 1 shall not apply to employees in a trial period not exceeding one month.
§ 3. An employment contract concluded for a fixed period or for a trial period exceeding one month, which would be terminated after the expiry of the third month of pregnancy, shall be extended until the date of delivery.
§ 3 1 Article 3 does not apply to a fixed-term contract concluded for the purpose of the replacement of a worker during his or her justified absence at work.
§ 4. The employer's termination of the employment contract for termination during pregnancy or maternity leave can only occur if the employer is declared bankrupt or liquidation. The employer is obliged to agree with the employee representing the establishment of the contract for the termination of the employment contract. If other employment cannot be provided during this period, the staff shall be entitled to benefits under separate provisions. The period of collection of these benefits shall be included in the period of employment for which the rights of staff depend.
§ 5. The provisions of paragraphs 1, 2 and 4 shall also apply mutatis mutandis to the worker-father of the child who is raising the child during the period of use of maternity leave.
Article 178. [ Working overtime and nighttime] § 1. Pregnant workers must not be employed in overtime or in the night. Pregnant workers shall not be allowed to delegate outside the permanent place of work without its consent or to employ in the working time system referred to in Article 4. 139.
§ 2. A worker who takes care of the child to complete his or her 4 years of age is not allowed without his or her permission to employ overtime, at night, in the working time system referred to in art. 139, as well as delegate outside the permanent place of work.
Article 178 1 . [ Change Working Time Distribution] The employer employing an employee at night is obliged to change the working time during the period of the pregnancy in such a way as to allow the work to be carried out outside the night, and if this is not possible or not, transfer the employee to another job, the performance of which does not require night work; in the absence of such opportunities, the employer shall be obliged to release the employee for the time necessary from the duty to provide a job. The provisions of Article 4 § 179 § 4-6 shall apply mutatis mutandis.
Article 179. [ Move to Other Work] § 1. An employer employing a pregnant worker or a nursing child at work mentioned in the legislation issued on the basis of art. 176 § 2, an intensified such worker regardless of the degree of exposure to health or hazardous factors, is obliged to transfer the employee to another job, and if that is not possible, release it for the time necessary from the obligation working.
§ 2. Employer employing a pregnant worker or nursing a child who is breastfeeding in the rest of the work mentioned in the legislation issued on the basis of art. 176 § 2 is required to adapt working conditions to the requirements laid down in those regulations or so limit the working time to eliminate the risks to health or safety of workers. If the adjustment of working conditions or shortening of working time is not possible or incomplete, the employer is obliged to transfer the employee to another job and, in the absence of such possibility, to release the employee at the time of the necessary for the obligation to provide a job.
§ 3. The provision of Article 2 shall apply mutatis mutandis to the employer in the case where a medical certificate is based on a medical certificate which is due to the performance of the previous work by the pregnant worker or the nursing child.
§ 4. If the change in working conditions to hitherto occupied employment, shortening of working time or the transfer of workers to another work result in a reduction in remuneration, the staff shall be entitled to a compensatory allowance.
§ 5. The employee during the period of exemption from the duty to provide a job retains the right to the previous salary.
§ 6. After having established the reasons justifying the transfer of employees to another job, shortening of her working time or exemption from the duty to provide work, the employer is obliged to hire a worker at work and in the working time specified in the contract employment.
§ 7. The Minister for Health shall determine, by means of a regulation, the manner and mode of issuing of medical certificates stating that health certificates are to be used to carry out their work so far by the pregnant or nursing pregnant workers, Taking into account the risks to health or safety that occur in the workplace.
Article 179 1 . [ Parental leave] § 1. The worker, not later than 21 days after giving birth, may submit a written request for her, immediately after maternity leave, parental leave in full term arising from the Art. 182 1a § 1.
§ 2. In the event of the application referred to in paragraph 1, the worker may share with the worker, the father of the child or the insured, the father of the child using parental leave or the collection of the maternity allowance for the period of time. corresponding to the period of this leave, in accordance with the rules laid down in the Article. 182 1c § 2 and 4.
§ 3. Article 2 applies mutatis mutandis to the worker-father of the child who is raising the child, where the insured person-the mother of the child has applied for the payment of her maternity allowance for the period corresponding to the period of maternity leave and leave parent full-time as referred to in art. 30a par. 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity.
§ 4. In the cases referred to in paragraphs 2 and 3, a written request concerning:
1) to cancel the use of parental leave in whole or in part and return to work-shall be submitted to the employer within a period of not less than 21 days prior to commencing work;
2. the grant of parental leave in whole or in part-shall be submitted to the employer within a period of not less than 21 days before the start of the use of the leave or part thereof.
§ 5. The employer shall take into account the applications referred to in § 1 and 4. Applications shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a .
Article 179 2 . (repealed)
Article 179 3 . (repealed)
Article 179 4 . (repealed)
Article 179 5 . (repealed)
Article 180. [ Maternity Leave] § 1. Workers shall be entitled to maternity leave in the dimension:
1) 20 weeks-in the case of the birth of one child at one childbirth;
2) 31 weeks-in the case of birth of two children in one childbirth;
3) 33 weeks-in the case of the birth of three children in one childbirth;
4) 35 weeks-in the case of birth of four children at one birth;
5) 37 weeks-in the case of birth of five and more children at one birth.
§ 2. Before the estimated date of delivery, the staff member may use no more than 6 weeks of maternity leave.
§ 3. After childbirth, maternity leave not used before the birth until the exhaustion of the dimension referred to in § 1 is available.
§ 4. The worker, after having been used after giving birth to at least 14 weeks of maternity leave, has the right to give up the remaining part of this leave and return to work if:
1. the remaining part of maternity leave will be used by the employee-the father-raising child;
2) for the period corresponding to the period which has remained until the end of maternity leave, personal custody of the child shall be exercised by the insured person-the father of the child who has interrupted his gainful activities for the purpose of taking care of that care.
§ 5. The child is entitled to a child's mother in the event of resignation of the child from the maternity allowance after the child's maternity allowance for a period of at least 14 weeks after birth, the right to part of the child's maternity allowance, maternity leave after the date of resignation by the insured-mother of the child from the collection of maternity benefit.
§ 6. An employee with a decision on incapacity for self-existence, having been used after giving birth to at least 8 weeks of maternity leave, has the right to opt out of the remaining part of this leave if:
1) the remaining part of maternity leave will be used by the employee-the father-raising child or employee-another member of the immediate family;
2) for the period corresponding to the period which has remained until the end of maternity leave, personal custody of the child shall be exercised by the insured-the father of the child or the insured-another member of the immediate family who for the purpose of exercising that care interrupted gainful activity.
§ 7. An employee, a father of a child or an employee, to another member of the immediate family, is entitled, in the case of a child-insured's resignation, to the mother of the child who is entitled to a decision on the incapacity of his/her own existence, the collection of maternity leave after the allowance for a period of at least 8 weeks after childbirth, the right to a part of maternity leave after the date of resignation by the insured child-the mother of the child from the collection of the allowance maternity.
§ 8. In the cases referred to in § 4 and 6, the employee shall submit a written request to the employer on the cancellation of the use of the part of maternity leave within a period of not less than 7 days before commencing work. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The Employer is obliged to take account of the request of the employees.
§ 9. Part of maternity leave, as referred to in § 4 (1), § 5, § 6 (1) and (7), the employer shall grant, as appropriate, to the employee-father or employee-to another member of the immediate family, at his written request, submitted to him/her a time limit which is not less than 14 days before the start of the period of leave. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The Employer is obliged to take into account the employee's request-the father of the child or employee-another member of the immediate family.
§ 10. A worker who is in a hospital or other treatment facility of a medicinal product that performs a medical activity such as stationary and 24-hour health care due to the state of health that makes it impossible for her to perform personal care. childcare, after having used after childbirth at least 8 weeks of maternity leave, may interrupt maternity leave for the period of stay in that hospital or medical facility, if:
1) the part of maternity leave for this period will be used by the employee-father raising the child or employee-another member of the immediate family;
2) personal custody of the child during this period will be held by the insured-the father of the child or the insured-another member of the immediate family who, in order to carry out this care, has interrupted the gainful activity.
§ 11. If a child or a worker is an employee or a worker, another member of the immediate family shall be entitled, in the event of a termination by the insured person, to the mother of the child who is to receive the maternity benefit after having used the maternity allowance for the period covered by the allowance. at least 8 weeks after childbirth, the right to a part of maternity leave corresponding to the period in which the insured person-the mother of the child is in hospital or another treatment facility of the medicinal product of the kind stationary and 24-hour health benefits due to the state of health making it impossible for her to exercise personal care of the child.
§ 12. In the event of death, the staff of the child during maternity leave or the insured's mother's maternity leave for the period corresponding to the period of maternity leave for the period corresponding to the period of maternity leave, to the worker to the child or to the staff member-to another person- a member of the immediate family shall have the right to a part of maternity leave after the date of death of the staff or the insured person-the mother of the child.
§ 13. In the event of a child being abandoned by an employee during maternity leave or insured, the mother of the child at the time of collection of the maternity allowance for the period corresponding to the period of maternity leave, to the worker to her father or to the child of the child or to the child of the child an employee, another member of the immediate family, shall be entitled to a part of maternity leave after the date of the child's abandonment, but not earlier than after being used by:
1) employee, after childbirth, at least 8 weeks of maternity leave;
2) the insured-mother of the child, maternity allowance for at least 8 weeks after childbirth.
§ 14. The total amount of maternity leave and maternity leave and the period of collection of maternity benefit for the period corresponding to the period of such leave in the circumstances referred to in § 4-7 and § 10-13 may not exceed the period of leave maternity, as referred to in § 1.
§ 15. In the case of:
1) the death of the mother of a child not covered by social insurance in the event of illness and maternity, as defined in the Act of 13 October 1998. the social security scheme, or not having a title to cover such insurance,
(2) the abandonment of the child by a mother who is not covered by the insurance referred to in point 1, or who does not have a title to cover such insurance,
(3) inability to exercise personal custody of the child by a mother who is not covered by the insurance referred to in point 1 or who does not have a title to cover such an insurance, a legitimised decision on the incapacity of self-existence
-a worker-a father who has a child or a worker-another member of the immediate family shall be entitled to a part of maternity leave after the date of death of the child's mother, the child's abandonment, or the incapacity of the child to be born. Self-existent.
§ 16. In the circumstances referred to in paragraphs 10 (1) and (11) to (13) and (15), the part of maternity leave shall be granted at the written request of the employee, the father of the child or worker, of another member of the immediate family, upon written request. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The Employer is obliged to take into account the employee's request-the father of the child or employee-another member of the immediate family.
§ 17. In the case of a child's mother who does not have a title to cover social insurance in the event of sickness and maternity, as defined in the Act of 13 October 1998. o social security system, employment with a dimension of not less than half of the full working time, employee-father of child who is entitled to a part of maternity leave during the period of employment of the mother of the child where the mother of the child takes employment, until the exhaustion of the dimension referred to in Paragraph 1. The provision of § 9 shall apply mutatis mutandis.
Article 180 1 . [ Maternity Leave] § 1. If a child is born dead or a child dies before the age of 8 weeks, the staff shall have a maternity leave of 8 weeks after childbirth, but not less than seven days after the date of death. Workers who have given birth to more than one child per childbirth shall be entitled to maternity leave in such a case as are appropriate to the number of children remaining in the life.
§ 2. In the event of death of a child after 8 weeks of age, the worker shall retain the right to maternity leave for a period of 7 days from the date of death of the child. Workers who have given birth to more than one child per childbirth shall be entitled to maternity leave in such a case as appropriate to the number of children remaining in their life, not less than seven days after the date of death of the child.
Article 181. [ Child requiring nosocomial care] In the event of the birth of a child who is required to care for a hospital staff who has used the maternity leave of 8 weeks after giving birth, the remainder of this leave may be used later after the child's exit from the hospital.
Article 182. [ Abandonment of a child or placing it in a replacement or in a plant] In case of abandonment of the child by the worker or placement of the child, on the basis of a court decision, in foster care, in the care and care facility, in the nursing care facility or in the medical rehabilitation facility, the employees There is no part of maternity leave after the date of abandonment of the child or placement of the child in foster care, in the care and care facility, in the nursing care facility or in the treatment rehabilitation facility. However, maternity leave after childbirth must not be less than 8 weeks.
Article 182 1 . (repealed)
Article 182 1a . [ Parental leave dimension] § 1. After the use of maternity leave or maternity benefit for the period corresponding to the period of maternity leave, the staff member shall have the right to parental leave in the term of parental leave:
1) 32 weeks-in the case referred to in art. 180 § 1 point 1;
2) 34 weeks-in the cases referred to in art. 180 § 1 points 2-5.
§ 2. The leave in the dimension referred to in § 1 shall be entitled to a total of both parents of the child.
§ 3. Both parents of the child may benefit from parental leave at the same time. In such a case, the total amount of parental leave shall not exceed the dimension referred to in paragraph 1.
§ 4. During the period of collection by one of the parents of a child's maternity allowance for the period corresponding to the period of parental leave, the second parent may benefit from parental leave. In such a case, the total amount of parental leave and the period of collection of the maternity allowance for the period corresponding to the period of parental leave shall not exceed the dimension referred to in paragraph 1.
Article 182 1b . (repealed)
Article 182 1c . [ Giving parental leave] § 1. Parental leave shall be granted once or in part no later than the end of the calendar year in which the child ends 6 years of age.
§ 2. Parental leave is granted immediately after the use of maternity leave or maternity allowance for the period corresponding to the period of maternity leave, not more than in 4 parts, directly one after the other or directly after the use of the maternity allowance for the period corresponding to the part of the parental leave, in the multiples of the week. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a .
§ 3. Parental leave of up to 16 weeks may be granted in a period not immediately after the previous part of this leave or not directly after the use of the maternity allowance for the period corresponding to the part of that leave leave. The number of leave parts used in this mode shall be reduced by the number of part of the parental leave.
§ 4. None of the part of parental leave shall be less than 8 weeks, except:
1) the first part of parental leave, which in the case of:
(a) the birth of one child at one delivery shall not be less than 6 weeks,
(b) acceptance by the staff member referred to in Article 183 § 1, for the education of a child aged up to 7 years, and in the case of a child to whom the decision to postpone the school duty has been decided, up to 10 years of age, shall not be less than 3 weeks;
2) when the rest to be used part of the holiday is less than 8 weeks.
Article 182 1d . [ Granting parental leave on request] § 1. Parental leave shall be granted at the written request of the staff member, submitted within a period of not less than 21 days before the start of the use of the leave. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The employer is obliged to take account of the employee's application.
§ 2. The number of vacation parts is determined on the basis of the number of requests for leave. The number of periods of leave used shall also take account of the number of applications for maternity benefit for the period corresponding to the period of parental leave or part thereof submitted by the insured-the mother of the child or the insured-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 182 1e . [ Combining parental leave with work done] § 1. An employee may combine the use of parental leave with the performance of a job at an employer giving this leave at no more than half of the full working time dimension. In such a case, parental leave shall be granted for the remainder of the working time dimension.
§ 2. In the case referred to in § 1, the work shall be carried out on a written request of the staff member, submitted within a period of not less than 21 days before the commencation of the work. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The employer is obliged to take into account the employee's request, unless it is not possible due to the organization of work or the type of work performed by the employee. The employer shall inform the employee in writing of the reasons for refusal to take account of the application.
Article 182 1f . [ Extension of the maternity leave dimension] § 1. In the case of parental leave being used by a worker to work with the employer, the amount of parental leave shall be extended in proportion to the working time of the staff member at the time of the work. the use of a holiday or part of a holiday, but not longer than:
1) 64 weeks-in the case referred to in art. 180 § 1 point 1;
2) 68 weeks-in the cases referred to in art. 180 § 1 points 2-5.
§ 2. The period for which parental leave is extended shall constitute the product of the number of weeks by which the employee combines the use of parental leave with the work of the employer giving this leave and the working time dimension of the work performed by the worker. an employee in the course of using parental leave.
§ 3. Where the combination of the use of leave with the work referred to in paragraph 1 takes place through the part of parental leave, the proportional extension of the period of leave shall be made only in respect of that part of the parental leave.
§ 4. Where the extension of the parental leave part of a parental leave is not equivalent to a multiple of the week, it shall be given in days. When you leave a day off, you do not miss a day.
§ 5. The part of parental leave which has been proportionally extended in accordance with § 1-4 increases the part of the parental leave during which the worker has joined the use of a part-time work on part-time work with the employer. granting leave.
§ 6. In the proposal referred to in Article 182 1e § 2, the worker shall determine the use of the part of the parental leave by which the leave will be proportionally extended.
§ 7. Where an employee intends to combine the use of a part of parental leave resulting from the proportional extension of the leave, calculated in accordance with § 2, with the exercise of part-time work, the part of that part of the leave shall be calculated by dividing the length of the part of the leave resulting from the proportional increase by the difference in figure 1 and the working time dimension in which the employee intends to combine the use of that part of the leave with the performance of the work. The provisions of § 4 shall apply mutatis mutandis.
Article 182 1g . [ Provisions applicable to parental leave] For parental leave, the provisions of Article 1 shall apply mutatis mutandis. 45 § 3, art. 47, art. 50 § 5, art. 57 § 2, art. 163 § 3, art. 165 point 4, art. 166 pt. 4, art. 177, Art. 180 § 6-17, art. 180 1 § 2, art. 181, art. 182 first sentence and article 183 1 § 1.
Article 182 2 . (repealed)
Article 182 3 . [ Ojcowski's Leave] § 1. A worker-father of a child who is a child who has a child's right to a paternity leave of up to 2 weeks, but no longer than:
1) to be completed by the child 24 months of age or
2) to the expiry of 24 months from the date of entitlement to the decision of the adoption of the adoption of the child and no longer than for the child's completion of the age of 7, and in the case of the child against whom the decision to postpone the school obligation has been taken, no longer than the age of 10 years.
§ 1 1 The paternity leave may be used once or not more than in 2 parts, none of which can be shorter than a week.
§ 2. Urlop ojcowski is given at the written request of the employee-father of a child raising the child, submitted within a period of not less than 7 days before the start of the use of the leave. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The employer is obliged to take account of the employee's application.
§ 3. The provisions of Article 1 shall apply mutatis mutandis to paternity leave. 45 § 3, art. 47, art. 50 § 5, art. 57 § 2, art. 163 § 3, art. 165 point 4, art. 166 pt. 4, art. 177, Art. 181 and art. 183 1 § 1.
Article 182 4 . [ Application for parental leave] § 1. Staff member, not later than 21 days after the adoption of the child's education and speech to the procuring court with a request to initiate proceedings on the adoption of a child or after the child has been admitted to be raised as a foster family, except family foster care, may make a written request to grant him, immediately after the leave on the terms of maternity leave, parental leave in the full term of the art. 182 1a § 1. The employer is obliged to take account of the employee's application.
§ 2. In the case referred to in § 1, the provision of art. 179 1 shall apply mutatis mutandis.
Article 183. [ Leave for an employee adopting a child or a child receiving a child for upbringing] § 1. An employee who has accepted a child to be brought up and has applied to a care court with a request for the initiation of proceedings for adoption of a child or who has accepted a child as a foster family, except for foster care In the course of a period of employment, the following shall be entitled to leave the following conditions:
1) 20 weeks-in the case of the adoption of one child,
2) 31 weeks-in the case of simultaneous adoption of two children,
3) 33 weeks-in the case of simultaneous adoption of three children,
4) 35 weeks-in the case of the simultaneous adoption of four children,
5) 37 weeks-in the case of the simultaneous adoption of five and more children
-no longer than the child's age of 7, and in the case of a child who has been decided to postpone the school's duty, no longer than the age of 10 years.
§ 2. To leave on the conditions of maternity leave the provisions of Article 45 § 3, art. 47, art. 50 § 5, art. 57 § 2, art. 163 § 3, art. 165 point 4, art. 166 pt. 4, art. 177, Art. 180 § 4-17, art. 180 1 § 2 and art. 181 shall apply mutatis mutandis.
§ 3. If the worker referred to in paragraph 1 has received a child aged up to 7 years, and in the case of a child to whom the decision to postpone the school obligation has been taken, up to the age of 10 shall be entitled to 9 weeks of leave on the terms of maternity leave.
§ 4. An employee who has accepted a child to be brought up and has applied to a care court with a request for the initiation of proceedings for adoption of a child or who has accepted a child as a foster family, except for foster care occupational, has the right to parental leave which is entitled either on maternity leave or maternity leave for a period corresponding to the period of maternity leave, on the basis of maternity leave conditions, in the dimension of:
1) 32 weeks-in the case referred to in § 1 point 1;
2) 34 weeks-in the cases referred to in § 1 points 2 to 5;
3) 29 weeks-in the case referred to in § 3.
§ 5. For parental leave, the provisions of Article 1 shall apply mutatis mutandis. 182 1a § 2-4 and Art. 182 1c -182 1g .
§ 6. Leave on the terms of maternity leave shall be granted at the written request of the staff member. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The employer is obliged to take account of the employee's application.
Article 183 1 . [ Granting maternity leave] § 1. On the basis of maternity leave and maternity leave, a week of leave shall correspond to 7 calendar days.
§ 2. If a worker does not enjoy maternity leave before the expected date of childbirth, the first day of maternity leave shall be the day of childbirth.
Article 183 2 . [ Termination of maternity leave] The employer allows the worker after the end of maternity leave, leave on the conditions of maternity leave, parental leave and paternity leave to work on the current position and, if that is not possible, on the basis of the post equivalent to pre-leave or other position corresponding to his professional qualifications, for remuneration for the work he would have received if he had not benefited from the leave.
Article 184. [ Maternity Allowance] For the period of maternity leave, maternity leave, parental leave and paternity leave shall be entitled to maternity leave as laid down in the Law of 25 June 1999. on social security benefits in the event of sickness and maternity.
Article 185. [ Medical Exams] § 1. The state of pregnancy should be established by a medical certificate.
§ 2. The employer is obliged to provide employees of pregnant redundancies from work to prescribed medical examinations in connection with pregnancy, if these tests cannot be carried out outside the working hours. For the duration of the absence of work for this reason, the employee retains the right to remuneration.
Article 186. [ Educational leave] § 1. A staff member employed at least 6 months shall have the right to parental leave in order to take care of the child's personal care. The six-month period of employment shall be counted against the previous periods of employment.
§ 2. The amount of parental leave is up to 36 months. Leave is granted for a period not longer than until the end of the calendar year in which the child ends 6 years of age.
§ 3. If, owing to a health status confirmed by a decision on the disability or the degree of disability, the child requires personal care for the worker, regardless of the leave referred to in § 2, there may be a parental leave of up to 36. months, however, for a period not longer than for the child to complete 18 years of age.
§ 3 1 Holidays in the dimensions referred to in paragraphs 2 and 3 shall be granted jointly to both parents and/or the guardians of the child.
§ 4. Each of the parents or guardians of the child shall have the exclusive right to one month of parental leave from the period of leave laid down in paragraphs 2 and 3. This right cannot be transferred to another one of the parents or guardians of the child.
§ 5. The use of the parental leave of at least one month shall mean the use by the parent or guardian of the child's leave as referred to in paragraph 4.
§ 6. Both parents or carers of the child may benefit from parental leave. In such a case, the total amount of the parental leave may not exceed the dimension referred to in paragraphs 2 and 3.
§ 7. Parental leave shall be given at the written request of the staff member not less than 21 days before the start of the holiday. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a The employer is obliged to take account of the employee's application. An employee may withdraw an application for parental leave no later than 7 days before the start of this leave, by submitting a written statement to the employer on the matter.
§ 7 1 . If the application referred to in § 7 has been submitted without the application of the deadline, the employer grants parental leave not later than 21 days from the date of submission of the application.
§ 8. Parental leave is granted no more than in 5 parts. The number of part of the leave shall be determined on the basis of the number of requests for leave.
§ 9. The child's parent shall be entitled to a parental leave of up to 36 months if:
1) the second parent of the child is dead,
2) the second parent of the child shall not be entitled to parental authority,
3) the second parent of the child has been deprived of parental authority or such power has been reduced or suspended.
The provisions of the second sentence of Paragraph 1 (2), (3), (7) and (8) shall apply.
§ 10. If the child remains in the care of one guardian, he/she shall be entitled to an educational leave of up to 36 months. Provisions of § 1, § 2, second sentence, § 3, 7, 7 1 and 8 shall apply.
Article 186 1 . (repealed)
Article 186 2 . [ Economic work undertaken] § 1. At the time of parental leave, the staff member shall have the right to engage in gainful employment with the previous employer or other employer or other activity, as well as education or training, if this does not preclude the exercise of personal care for the child.
§ 2. In the event of finding that the employee has permanently ceased to take personal care of the child, the employer shall invite the employee to appear to work within the time limit indicated by himself, but not later than within 30 days from the day of the seriousness of such messages and not earlier than 3 days after the day of the call.
§ 3. (repealed)
Article 186 3 . [ Resignation of parental leave] An employee may opt out of parental leave:
1) at any time-with the consent of the employer;
2) after prior notice to the employer-at the latest 30 days before the date of intended work.
Article 186 4 . [ Admission to work] The employer allows the employee after the parental leave to work on his/her current position and, if that is not possible, on an equivalent position with his/her job prior to the start of the leave or at a different position corresponding to his/her professional qualifications, for remuneration not lower than the remuneration for the work of the employee on the day of the job in the post occupied before that leave.
Article 186 5 . [ Counting leave to the period of employment] The period of parental leave, on the date of its termination, shall be included in the period of employment from which the employment powers depend.
Article 186 6 . (repealed)
Article 186 7 . [ Proposal for a reduction in the working time] § 1. An employee entitled to parental leave may submit a written request to the employer to reduce his working time to a dimension not less than half of the full working time period during the period in which he or she could benefit from such leave. The employer is obliged to take account of the employee's application.
§ 2. The application referred to in § 1 shall be submitted 21 days before the commencting of the work on a reduced working time. The application shall be accompanied by the documents referred to in the provisions adopted on the basis of the Article. 186 8a . If the application has been submitted without the time limit, the employer shall reduce the working time not later than 21 days from the date of submission of the application.
Article 186 8 . [ Protection of employment] § 1. The employer shall not be able to terminate or terminate the contract of employment during the period from the date of submission of the application by the worker entitled to the parental leave of the application for:
1. the granting of parental leave-up to the date of termination of this leave;
2) lowering the working time dimension-until the day of the return to the non-reduced working time, however, no longer than for the total period of 12 months.
§ 2. In the cases referred to in § 1, the termination by the employer of the contract shall be admissible only in the event of a bankruptcy or liquidation of the employer, and where there are reasons justifying the termination of the contract of employment without termination of the contract. employee.
§ 3. In the event of the submission of an application by an employee referred to in § 1, earlier than 21 days before the start of the exercise of the parental leave or the reduced working time, the prohibition referred to in § 1 shall take effect 21 days before the start of a holiday or a reduced working time.
§ 4. In the event of an application by an employee referred to in paragraph 1, after an action to terminate the contract of employment, the contract shall be terminated within the period resulting from that action.
Article 186 8a . [ Delegation] The Minister responsible for the work shall determine by way of regulation:
1) the content of the application for the provision of a part of maternity leave, leave on the terms of maternity leave or part of it, parental leave or part thereof and paternity leave or part thereof,
2) the documents attached to the applications referred to in point 1,
3) the content of the application for the cancellation of the part of maternity leave, part of the leave on the conditions of maternity leave, parental leave or part thereof,
4) the documents attached to the applications referred to in point 3,
5) the content of the request to combine the use of parental leave or its part with the performance of the work of the employer granting such leave,
(6) the content of the application for parental leave or part thereof,
7) the documents attached to the application referred to in point 6,
(8) the content of the application for a reduction in the working time of an employee entitled to parental leave,
9) documents attached to the application referred to in point 8
-taking into account the need to ensure that workers ' rights are properly implemented to leave parental leave and to reduce the working time and to ensure the proper organisation of working time.
Article 187. [ Pause on feeding] § 1. A female worker who is breastfeeding is entitled to two half-hour breaks in work that is included in the working time. A worker feeding more than one child has the right to two breaks in the job, after 45 minutes each. Breaks for feeding may be at the request of the employees given a total.
§ 2. Employees employed for less than 4 hours per day are not entitled to a feeding break. If the working time of the staff does not exceed 6 hours per day, there shall be one break for feeding.
Article 188. [ Exemption from work] § 1. A worker who has raised at least one child under the age of 14 years shall be entitled to a 16-hour or 2-day exemption during the calendar year, subject to the right to remuneration.
§ 2. The use in a given calendar year of the exemption referred to in paragraph 1 shall be decided by the staff member concerned in the first application for such exemption in the calendar year in question.
§ 3. The exemption from work referred to in paragraph 1, which shall be granted on an hourly basis, shall be determined in proportion to the working time of that worker for a part-time worker. An incomplete hour of dismissal shall be rounded up to the full hour.
Article 189. [ Care Allowance] The right to an allowance for the period of absence from work on account of the need for personal care of the child shall be governed by separate provisions.
Article 189 1 . [ Application of provisions of the Act] If both parents or guardians of the child are employed, the powers referred to in Article shall be 148 point 3, art. 178 § 2, art. 186 7 § 1 and Art. 188 may use one of them.
DIVISION NINTH
Hiring of juveniles
Chapter I
General provisions
Article 190. [ adolescent definition] § 1. A juvenile within the meaning of the Code is a person who was 16 years old, and not exceeded 18 years.
§ 2. It is forbidden to hire a person who has not completed 16 years.
Article 191. [ Recruitment of juveniles] § 1. Only young people are allowed to employ:
1) completed at least junior high school;
2. they shall present a medical certificate stating that the work of a given kind does not endanger their health.
§ 2. The juvenile unqualified professional may be employed only for the purpose of professional preparation.
§ 3. The Council of Ministers shall lay down, by means of a regulation, the rules and conditions for the preparation of professional preparation and the principle of rewarding young people during that period.
§ 4. (repealed)
§ 5. Minister for Labour and Social Policy in agreement with Minister of National Education [ 5] may, by regulation, specify cases in which exceptionally acceptable:
1) employing juveniles who did not complete a junior high school;
2. the exemption of young persons who do not have a professional qualification from the preparation of a professional preparation;
3) hiring persons not 16 years of age who have graduated from junior high school;
4) employing persons not 16 years of age who have not completed a gymnasium.
Article 192. [ Obligation of care and assistance] The employer is obliged to provide young workers with the care and assistance necessary to adapt them to the proper work.
Article 193. [ Records of juvenile workers] The employer is obliged to keep a record of the young workers.
Chapter II
Conclusion and termination of employment contracts for the purpose of professional preparation
Article 194. [ Application of provisions of the Act] The provisions of the Code relating to fixation for indefinite duration, as amended by the Rules of Procedure, shall apply to the conclusion and termination of work contracts with a view to professional preparation. 195 and 196.
Article 195. [ Contract for professional preparation] § 1. The contract of employment for professional preparation shall specify in particular:
1) type of professional preparation (teaching profession or apprentiment to perform a particular work);
2) the duration and place of the professional preparation;
3) the method of theoretical training;
4) the amount of the remuneration.
§ 2. The Council of Ministers may, by means of a regulation, lay down the cases in which it is permissible to conclude contracts for the purpose of professional preparation for a specified period of time.
Article 196. [ Termination of employment contract] The termination of a contract of employment concluded for the preparation of a professional shall be admissible only in the event of:
(1) non-fulfilment by the juvenile obligations arising from the contract of employment or the obligation to educate, despite the application of educational measures to it;
2) the announcement of bankruptcy or liquidation of the employer;
(3) reorganisation of a work establishment preventing the continuation of professional preparation;
(4) the statement of unsuitability for the young to work for which the professional preparation is carried out.
Chapter III
DoShaping
Article 197. [ Obligation of training] § 1. A youth worker is required to be educated to the end of 18 years.
§ 2. In particular, a juvenile worker shall be obliged:
1) to be educated in primary school and middle school, if the school has not completed such a school;
2) to be educated in the field of secondary school or in non-school forms.
Article 198. [ Exemption for science] The employer is obliged to relieve young people from working for the time needed to take part in training courses in connection with the education.
Article 199. [ Extension of the training obligation] If the juvenile has not completed the professional preparation before the age of 18, the obligation to educate, in accordance with the provisions of Article 4 (1), is required. 197, may be extended until the completion of the professional preparation.
Article 200. [ Delegation] Minister for Labour and Social Policy in agreement with Minister of National Education may, by regulation, lay down cases in which, exceptionally, exemption from juveniles from the obligation to education may be permitted.
Chapter IIIa
Employing juveniles for a different purpose than professional preparation
Article 200 1 . [ Employment of young people in light work] § 1. Young people may be employed on the basis of a contract of employment in the performance of light works.
§ 2. The work of a light cannot cause a threat to life, health and development of a psychophysical juvenile, and it must not impede the juvenile fulfilment of the school obligation.
§ 3. The list of light works shall be defined by the employer after obtaining the consent of the doctor performing the tasks of the occupational medicine service. That list shall be subject to approval by the competent labour inspector. The list of light works shall not include the work of intensified juveniles referred to in the provisions adopted on the basis of Article 4. 204.
§ 4. The list of light works shall be established by the employer in the Staff Regulations. An employer who is not required to issue a Regulation shall establish a list of light works in a separate act.
§ 5. The employer is obliged to acquaze the young man with a list of light works before allowing him to work.
Article 200 2 . [ Dimension and distribution of working time of a young age] § 1. The employer shall determine the size and distribution of the working time of a young person employed with light work, taking into account the number of hours of instruction resulting from the curriculum as well as from the curriculum distribution of the young.
§ 2. The weekly dimension of the working time of a young age during the period of school activities shall not exceed 12 hours. On the day of participation in school classes, the working time of a young age shall not exceed 2 hours.
§ 3. The working time of the school year must not exceed 7 hours a day and 35 hours a week. However, the daily working time of young people up to 16 years of age must not exceed 6 hours.
§ 4. The working time dimension referred to in paragraphs 2 and 3 shall also apply where the young person is employed in more than one employer. Before the employment relationship is established, the employer is obliged to obtain from a juvenile employment statement or not to remain in employment with another employer.
Chapter IV
Special health protection
Article 201. [ Medical Exams] § 1. Young people are subject to preliminary medical examinations prior to admission to work and periodic and control tests during the period of employment.
§ 2. If the doctor is to rule that the work endangers the health of a juvenile, the employer is obliged to change the type of work, and if there is no such possibility, immediately terminate the contract of employment and pay compensation in the amount of the remuneration for the period of time. notice. Article Recipe Article 51 (2) shall apply mutatis mutandis.
§ 3. The employer is obliged to provide information on the occupational risks associated with the work carried out by the juvenile, and the principles of protection against threats to the statutory representative of the juvenile.
Article 202. [ Working Time] § 1. The working time of young people up to 16 years of age may not exceed 6 hours a day.
§ 2. The working time of a juvenile over the age of 16 must not exceed 8 hours a day.
§ 3. For the duration of the study, the duration of the school curriculum is calculated on the basis of the compulsory curriculum of the school curriculum, regardless of whether it takes place during the working hours.
§ 3 1 . If the daily working time of a youth is longer than 4.5 hours, the employer is obliged to take a break in the work lasting 30 minutes, including the time of work.
§ 4. (repealed)
Article 203. [ Working overtime and nighttime] § 1. Young people must not be employed in overtime or in the night.
§ 1 1 The night time for the juvenile falls between hours 22 00 6 00 . In the cases referred to in art. 191 § 5 night time falls between hours 20 00 6 00 .
§ 2. The interruption of the work of the young woman covering the night time shall be no less than 14 hours.
§ 3. The juvenile shall be entitled each week to at least 48 hours of uninterrupted rest, which shall include a Sunday.
Article 204. [ Resumed work] § 1. Young people must not be recruited by the Council of Ministers by means of a regulation which sets out a list of those who have been set up by a regulation.
§ 2. (repealed)
§ 3. The Council of Ministers, by means of a regulation, may authorise the employment of juveniles over 16 years of age for certain types of work raised, if necessary for the preparation of a professional preparation, specifying the conditions at the same time. to ensure particular protection of the health of juveniles employed in these works.
Chapter V
Vacation Holidays
Article 205. [ Acquisition of the right to leave] § 1. Juvenile gets within 6 months of starting the first job the right to leave on a 12 working day basis.
§ 2. At the end of the year of work, young people will be entitled to 26 working days ' leave. However, in the calendar year in which he ends 18 years, he shall be entitled to 20 working days ' leave if the right to leave has been granted before the age of 18.
§ 3. Young people attending school should be given leave during the school period. A young person who has not acquired the right to leave referred to in paragraphs 1 and 2, the employer may, at his request, grant an advance payment during the period of school holidays.
§ 4. The employer is obliged at the request of the young, pupil of the school for the working, to give him during the period of the school holidays free of charge, not exceeding the rest of the year, with a holiday of 2 months. The period of unpaid leave is included in the working period on which the employees ' rights are dependent.
§ 5. In cases which are not governed by this Chapter, the provisions of Chapter 7 shall apply to unpaid leave.
Chapter VI
Artisanal professional preparation
Article 206. [ Employers being craftsmen] The provisions of Article 4 190-205 shall apply mutatis mutandis to juveniles employed under a contract for professional training in employers who are artisans.
DIVISION TENTH
Health and safety at work
Chapter I
Basic employer's duties
Article 207. [ Employer's basic obligations] § 1. The employer is responsible for the health and safety of work at the workplace. The responsibilities of the employer shall not be affected by the obligations of workers in the field of occupational safety and health and the entrusts of occupational health and safety services to experts from outside the work establishment referred to in Article 4. 237 11 § 2.
§ 2. Employer is obliged to protect the health and life of workers by providing safe and hygienic working conditions with the proper use of science and technology achievements. In particular, the employer shall be obliged:
1) organize your work in a way that ensures safe and hygienic working conditions;
2. ensure compliance with the work and safety and health rules at work, issue instructions for the removal of deficiencies in this field, and monitor the execution of these instructions;
3. to respond to occupational health and safety needs and to adapt the measures taken to improve the existing level of protection of the health and life of workers, taking into account the changing conditions for the performance of work;
4. ensure the development of a coherent policy to prevent accidents at work and occupational diseases taking into account technical issues, the organisation of work, working conditions, social relations and the impact of the factors of the working environment;
5. take into account the protection of juvenile health, pregnant or nursing pregnant workers and workers with disabilities in the framework of their preventive action;
6. provide for the execution of warrants, speeches, decisions and orders issued by the supervisory authorities over working conditions;
7) ensure the implementation of the social recommendations of the labour inspector.
§ 2 1 The costs of the work done by the employer in terms of occupational health and safety in no way can burden employees.
§ 3. The employer and the head of staff shall be required to know, to the extent necessary for the performance of their duties, the provisions on occupational protection, including rules and rules on safety and health at work.
Article 207 1 . [ The employer's obligation to notify on health and safety at work] § 1. The employer is obliged to provide employees with information about:
1) threats to health and life occurring in the establishment of work, on individual jobs and on the work performed, including the rules of conduct in the event of accidents and other situations threatening the health and life of workers;
2) the protective and preventive measures taken to eliminate or limit the risks referred to in point 1;
3) employees designated to:
(a) granting first aid,
(b) the implementation of the action to combat fires and evacuation of workers.
§ 2. Information on the employees referred to in § 1 (3) shall include:
1. first name and surname;
2) the place of the work;
3) the telephone number of a service or other means of electronic communication.
Article 208. [ Employers ' cooperation] § 1. In the case of workers employed by different employers at the same time in the same place, employers are obliged to:
1) cooperate with each other;
2) appoint a coordinator for the supervision of the safety and health at work of all employees working in the same place;
3) lay down rules of cooperation taking into account the ways in which the risks to health or the life of workers are to be addressed;
4) inform each other and employees or their representatives of the action to prevent the professional risks occurring during their work.
§ 2. The designation of the coordinator referred to in § 1 does not exempt individual employers from the obligation to ensure the safety and hygiene of the work employed by them to employees.
§ 3. The employer, on whose territory the work of the workers employed by various employers, is obliged to provide these employers with the purpose of transferring the information referred to in Article 4 to the staff of the employer. 207 1 .
Article 209. (repealed)
Article 209 1 . [ Employer's health and safety measures] § 1. The employer is obliged to:
1) provide the means necessary for the provision of first emergency assistance, the fight against fires and evacuation of workers;
2) appoint the employees to:
(a) granting first aid,
(b) the execution of ceasefires and evacuation of workers;
3. provide liaison with the external services specialised in particular in the provision of first emergency assistance, emergency medical care and fire protection.
§ 2. The actions referred to in § 1 shall be adapted to the type and scope of the activities carried out, the number of employees employed and other persons present on the premises of the establishment and the type and level of hazards occurring.
§ 3. The number of employees referred to in paragraph 1 (2), their training and equipment shall take into account the nature and level of the risks involved.
§ 4. In the case of employability by the employer of only young or disabled workers, the activities referred to in § 1 (2) may be carried out by the employer himself. The provisions of § 3 shall apply mutatis mutandis.
Article 209 2 . [ Employers ' obligations in the event of an imminent risk to the health and life of workers] § 1. In the event of a risk to health or life, the employer shall be obliged:
1. immediately inform the workers of these risks and take action to ensure that they are adequately protected;
2. promptly provide the staff with instructions to enable, in the event of a direct threat, to terminate the work and to distance itself from the place of danger to a safe place.
§ 2. In the event of a direct threat to health or life, the employer shall be obliged:
1. withhold the work and give the staff a request to dismiss the safe place;
2) until the threat is removed, do not issue the command to resume work.
Article 209 3 . [ Actions to avoid insecurity of the occurrence of imminent danger to the health or life of workers] § 1. The employer is obliged to enable 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 to avoid danger-even without agreement with managers-as far as their knowledge and technical means are available.
§ 2. The employees who have taken the measures referred to in § 1 shall not suffer any adverse consequences of these activities, provided that they have not neglected their duties.
Chapter II
Rights and obligations of the employee
Article 210. [ Refraining from doing work] § 1. Where the working conditions do not comply with health and safety regulations and create a direct risk to the health or life of the worker, or if the work carried out by him threatens to be such a danger to other persons, the worker shall have the right to refrain from doing the work by notifying him immediately to the manager.
§ 2. If refraining from carrying out the work does not remove the threat referred to in § 1, the employee shall have the right to dismiss himself from the place of danger, notifying him immediately to the supervisor.
§ 2 1 The staff member shall not be liable to suffer any adverse consequences for him or her on the grounds that he or she refrain from working or from being dismissed from the place of danger in the cases referred to in paragraphs 1 and 2.
§ 3. The staff member shall retain the right to pay for the duration of the abstement or the dismissal of a danger in the cases referred to in paragraphs 1 and 2.
§ 4. The staff member shall have the right, after prior notice to the superior, to refrain from carrying out a work requiring a specific psychophysical fitness in the event that his or her psychophysical condition does not provide for the safe execution of the work and provides the risk to other persons.
§ 5. The provisions of paragraphs 1, 2 and 4 shall not apply to a worker whose duty is to save human life or property.
§ 6. Minister for Labour and Social Policy in agreement with Minister of Health and Social Welfare [ 6] define, by means of a regulation, the types of work requiring special psychophysical performance.
Article 211. [ Basic Employee Responsibilities] Compliance with the rules and rules on health and safety of work is a basic responsibility of the employee. In particular, the staff member shall:
1) to know the rules and principles of occupational health and safety, to participate in training and instruction in this field and to submit to the required examination exams;
2) perform work in a manner consistent with the regulations and principles of occupational health and safety and adhere to the commands and guidance issued in this regard;
3) take care of the due state of machinery, equipment, tools and equipment, and the order and order in the workplace;
4) apply the means of collective protection, and use the allocated personal protective equipment and clothing and work footwear according to their intended purpose;
5. submit to the initial, periodic and control procedures and other prescribed medical examinations and apply to medical indications;
6. promptly notify the supervisor of the accident or risk of life or health of the person concerned, and to warn co-workers, as well as other persons in the area of danger, of danger to them, of the threat to their danger;
7) interact with the employer and superiors in fulfilling the duties of occupational health and safety.
Article 212. [ Obligations of the directing person] A staff member shall be required to:
1) organize work stations in accordance with the regulations and rules of occupational health and safety;
2) take care of the efficiency of personal protective equipment and their use in accordance with their intended use;
(3) organise, prepare and carry out work, taking into account 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 the safe and hygienic state of the premises of the work and technical equipment, as well as the efficiency of collective protection measures and their application in accordance with their intended purpose;
5) enforce compliance by workers with regulations and rules on health and safety at work;
6) ensure that the health care physician's recommendations are made available to the staff.
Chapter III
Construction facilities and working spaces
Article 213. [ Construction or rebuilding] § 1. The employer is obliged to ensure that the construction or rebuilding of the building site, where the work spaces are foreseen, is carried out on the basis of projects taking into account the safety and health requirements of the work.
§ 2. The building object, where the work rooms are located, should meet the requirements for occupational safety and health.
§ 3. Rebuilding of the building site where the work rooms are located should take into account the improvement of occupational safety and health conditions.
§ 4. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis where the construction or rebuilding concerns a part of the construction site in which the working spaces are located.
Article 214. [ Ensuring work spaces] § 1. The employer is obliged to provide the work room suitable for the type of work performed and the number of employees employed.
§ 2. The Employer is obliged to maintain the building facilities and the working spaces in them, as well as the areas and facilities associated with them in a condition providing safe and hygienic working conditions.
Chapter IV
Machinery and other technical equipment
Article 215. [ Construction and construction of machinery] The employer is obliged to ensure that the machines and other technical devices are used:
1) provide safe and hygienic working conditions, in particular, to protect the worker against injuries, the operation of hazardous chemicals, electrical shock, excessive noise, the effect of mechanical vibration and radiation and harmful and dangerous effects of other factors of the working environment;
2) take into account the principles of ergonomics.
Article 216. [ Machine Security] § 1. The employer shall equip the machinery and other technical devices which do not comply with the requirements laid down in the Article. 215.
§ 2. Where the design of the security is subject to local conditions, the equipment of the machinery or other technical equipment shall be the responsibility of the employer in the appropriate safeguards.
Article 217. [ Declaration of Conformity] It is unacceptable to equip workstations with machines and other technical devices that do not meet the requirements for conformity assessment laid down in separate provisions.
Article 218. [ Work Tools] The provisions of Article 4 215 and 217 shall apply mutatis mutandis to the work tools.
Article 219. [ Other machinery and equipment] The provisions of Article 4 215 and 217 are not in breach of the requirements of the provisions concerning machinery and other technical equipment:
1) being a means of transport by rail, car, sea, inland waterway and air;
2. subject to the provisions on technical supervision;
3) subject to the provisions of the Geological and Mining Law;
4) subject to the regulations in force in the subordinate units of the Minister of National Defence and the Minister for Internal Affairs;
5) subject to the laws of atomic law.
Chapter V
Factors and processes of work posing a particular threat to health or life
Article 220. [ Determination of degree of harmfulness of materials] § 1. It is unacceptable to use materials and technological processes without first establishing the degree of their harm to the health of workers and to take appropriate preventive measures.
§ 2. Minister of Health and Social Welfare in agreement with Minister of Labour and Social Policy and the relevant ministers will determine, by means of a regulation:
1) a list of the units authorized to carry out tests of materials and technological processes to determine the degree of their harm to health and the scope of these studies;
2. the prohibition or restriction of the use, the marketing or transport of materials and technological processes on the grounds of their health or dependence on the use, marketing or transport of materials and technological processes from the observance of certain conditions.
§ 3. The provisions of § 2 shall not apply to chemical substances and mixtures thereof.
Article 221. [ Use of chemicals] § 1. The use of chemical substances and their mixtures, not labelled in a visible manner, shall be unacceptable to enable them to be identified.
§ 2. The use of a hazardous substance, a hazardous mixture, a hazardous substance or a mixture of hazardous substances is not permitted without the current inventory of those substances and mixtures and safety data sheets, and Also for packaging protection against harmful effects, fires or explosions.
§ 3. The use of a dangerous substance, a hazardous mixture, a hazardous substance or a mixture of hazardous substances shall be permitted subject to the application of measures providing workers with protection of their health and life.
§ 4. The rules for the classification of chemical substances and their mixtures in terms of risks to health or life, the list of hazardous chemicals, the requirements for safety data sheets and the manner in which they are labelled shall be determined by separate provisions.
§ 5. (repealed)
Article 222. [ Exposure to carcinogens] § 1. In the case of hiring of a worker under conditions of exposure to chemical substances, their mixtures, agents or technological processes of carcinogenic or mutagenic activity, the employer shall replace those chemical substances, their mixtures, the factors or processes of technology less harmful to health or apply other available means of limiting the degree of exposure, with the appropriate use of science and technology achievements.
§ 2. Employer records all types of works in contact with chemical substances, their mixtures, agents or technological processes of carcinogenic or mutagenic activity, as specified in the list referred to in § 3, and also leads the register of workers employed in those works.
§ 3. Minister for Health in consultation with the Minister responsible for the work, taking into account the varied properties of chemical substances, their mixtures, agents or technological processes with carcinogenic or mutagenic activity, the application and the need to take the necessary precautionary measures against the risks arising from their use shall determine, by means of a Regulation:
1) a list of chemical substances, their mixtures, agents or technological processes of carcinogenic or mutagenic activity and the way of recording them;
2. the manner in which the work register is kept, the exercise of which makes it necessary to keep in contact with the chemical substances, their mixtures, agents or technological processes with carcinogenic or mutagenic activity;
3) how to keep the register of employees employed in these works;
4) models of documents concerning the exposure of workers to the chemical substances, their mixtures, agents or technological processes of carcinogenic or mutagenic activity and the manner of storage and transmission of these documents to the competent entities to recognise or to state occupational diseases;
5) the detailed conditions for the protection of workers from the dangers caused by the chemical substances, their mixtures, agents or technological processes with carcinogenic or mutagenic activity;
6) conditions and way of monitoring the health status of workers exposed to chemical substances, their mixtures, agents or technological processes with carcinogenic or mutagenic activity.
Article 222 1 . [ Restricting the degree of exposure] § 1. In the case of hiring of a worker under conditions of exposure to harmful biological agents, the employer shall use all available means to eliminate the exposure, and if this is not possible, to limit the degree of exposure at the appropriate level. use of science and technology achievements.
§ 2. The employer shall keep a record of the work of the workers exposed to harmful biological agents and the register of workers employed in such works.
§ 3. Minister for Health, in consultation with the Minister responsible for the work, taking into account the different effects of biological agents on the human body and the need to take the necessary precautions against threats resulting from the performance of work under conditions of exposure to biological agents, it shall determine by way of regulation:
1) classification and list of harmful biological agents;
2) a list of works that expose workers to biological agents;
3) the detailed conditions for the protection of workers from the dangers caused by harmful biological agents, including the types of measures necessary to ensure the protection of the health and life of workers exposed to these factors, the scope the application of these measures and the conditions and manner of monitoring the health status of exposed workers;
4. the manner in which the records of the works and of the workers referred to in paragraph 2 are kept and the manner in which those records are kept and transmitted to the entities competent for the recognition or determination of occupational diseases.
Article 223. [ Protection against ionising radiation] § 1. The employer is obliged to protect workers from ionizing radiation from artificial and natural sources present in the working environment.
§ 2. The dose of ionizing radiation from natural sources, obtained by the worker at work under the conditions of exposure to this radiation, shall not exceed the limit doses, specified in separate provisions for artificial sources ionizing radiation.
Article 224. [ Sudden Danger for Life] § 1. An employer carrying out an activity which creates the possibility of a sudden danger to the health or life of workers is required to take measures to prevent such danger.
§ 2. In the case referred to in § 1, the employer is obliged to provide:
1) suitable for the type of danger of the device and the rescue equipment and their service by persons duly trained;
2. grant first aid to the victim.
§ 3. The provisions of paragraphs 1 and 2 shall be without prejudice to the requirements laid down in separate provisions relating to disasters and other exceptional risks.
Article 225. [ Work performed by at least two people] § 1. The employer shall ensure that the work at which there is a special risk to health or human life is carried out by at least two persons, in order to ensure the assurance of the assurance.
§ 2. The list of the works referred to in § 1 shall be determined by the employer after consultation with the employees or their representatives, taking into account the provisions issued on the basis of art. 237 15 .
Chapter VI
Preventive health protection
Article 226. [ Information on occupational risks] Employer:
1) assess and document the occupational risks associated with the work performed and apply the necessary preventive measures to reduce the risk;
2) inform employees of the occupational risks associated with the work carried out, and the principles of protection against threats.
Article 227. [ Prevention of occupational diseases] § 1. The employer shall be obliged to take measures to prevent occupational diseases and other diseases associated with the work being carried out, in particular:
1. maintain in a steady state the efficiency of the device limiting or eliminating the health determinants of the working environment and the equipment used to measure these factors;
2) carry out, at its own expense, research and measurements of the factors harmful to health, record and store the results of these tests and measurements and make them available to employees.
§ 2. The Minister of Health, taking into account the different effects on the human organism of harmful factors in the working environment and the need to take the necessary precautionary measures against their action, will determine, in way of Regulation:
1) the mode, the methods, the type and frequency of the tests and measurements referred to in § 1 point 2;
2) cases in which it is necessary to carry out continuous measurements;
(3) the requirements to be met by laboratories carrying out tests and measurements;
4) how to record and store the results of these tests and measurements;
5) models of documents and the way of sharing the results of research and measurement of employees.
Article 228. [ Interministerial Commission on Maximum Concentration Limits] § 1. The President of the Council of Ministers will appoint, by means of a regulation, the Interministerial Commission for the High Concentration Limits and Intensity Of Health-harmful Agents in the Environmental Labour, determine its powers and the way in which tasks are performed.
§ 2. The tasks of the Commission referred to in paragraph 1 shall be:
1. submission Minister for Labour and Social Policy conclusions on the value of maximum concentration limits and levels of factors harmful to health in the working environment-for the purposes set out in § 3;
2) initiating the research work necessary to carry out the tasks referred to in point 1.
§ 3. Minister for Labour and Social Policy in agreement with Minister of Health and Social Welfare define, by means of a regulation, a list of maximum permissible concentrations and the intensities of health-harmful factors in the working environment.
Article 229. [ Medical Exams] § 1. Initial medical examination, subject to § 1 1 , subject to:
1) persons admitted to work;
2) youth workers transferred to other jobs and other workers transferred to work stations where there are health or burdensome conditions.
§ 1 1 . Preliminary medical examinations are not subject to the person:
1) to be accepted again to work with the same employer for the same position or for a position with the same conditions of work within 30 days after the termination or termination of the previous employment relationship with the employer;
2) accepted to work with another employer for the position in question within 30 days after the termination or expiry of the previous employment relationship, if the employer presents the current medical certificate stating that there are no contraindications to work in the conditions the work described in the referral for medical examinations, and the employer determines that these conditions correspond to the conditions applying to the job post, excluding the persons admitted to carry out the work of particularly dangerous work.
§ 1 2 . Paragraph 1 1 Point 2 shall apply mutatis mutandis in the case of admission to the work of a person who is at the same time as a employment relationship with another employer.
§ 2. The worker is subject to periodic medical examinations. In the case of incapacity for work of more than 30 days due to sickness, the worker shall also be subject to a medical examination to establish the ability to work on the current position.
§ 3. Periodic and control medical examinations shall be carried out as far as possible during the working hours. In the case of non-performing work in connection with the studies carried out, the staff member retains the right to remuneration and, in the event of a journey to another locality, he/she is entitled to cover the costs of the journey in accordance with the rules applicable to him/her on business trips.
§ 4. The employer shall not allow the worker to work without a current medical certificate stating that there is no contraindication to his work in the specified post under the conditions of work described in the referral for medical examinations.
§ 4a. Initial, periodic and audit medical examinations shall be carried out on the basis of a referral issued by the employer.
§ 5. The employer employing workers under conditions of exposure to substances and carcinogens or fibrous particulates shall also be required to provide these staff with periodic medical examinations also:
1) after cessation of work in contact with these substances, factors or dusts;
(2) after termination of the employment relationship, if the person concerned has submitted an application for such studies to be covered.
§ 6. The tests referred to in § 1, 2 and 5 shall be carried out at the expense of the employer. The employer shall also bear other costs of preventive health care for the workers, which are necessary in view of the working conditions.
§ 7. The employer shall keep the decisions given on the basis of the medical examinations referred to in § 1, 2 and 5.
§ 8. The Minister for Health shall, in agreement with the Minister for Work, set out, by means of a regulation:
1) the mode and scope of medical examinations referred to in § 1, 2 and 5, and the frequency of periodic examinations, as well as the manner of documenting and checking medical examinations,
2. the mode of issuing and storing medical certificates for the purposes provided for in this Act and in the regulations issued on its basis,
3) the scope of the information covered by the referral for medical examinations and medical judgement, as well as the models of these documents,
4) the scope of the preventive health care referred to in the second sentence of § 6,
(5) supplementary qualification requirements to be met by physicians conducting the examinations referred to in paragraphs 1, 2 and 5 and carrying out the preventive health care referred to in the second sentence of Article 6 (2)
-having regard to the need to ensure the proper functioning and comprehensiveness of the medical examinations referred to in paragraphs 1, 2 and 5, of the preventive health care referred to in the second sentence of paragraph 6 and of the information enabling the conditions to be compared the work of the employer and the protection of the personal data of the subjects under examination.
Article 230. [ Symptoms of occupational disease] § 1. The employer shall, on the basis of a medical certificate, be obliged to transfer the worker to another non-working person, on the basis of a medical certificate, on the basis of a medical certificate, on the basis of a doctor's decision. He was acting on a factor that caused these symptoms.
(2) If the transfer to another work results in a reduction in remuneration, the staff member shall be entitled to a compensatory allowance for a period not exceeding six months.
Article 231. [ Failure to perform past work] The employer shall, on the basis of a medical certificate, transfer to the appropriate work of a worker who has become incapable of carrying out the work so far as a result of an accident at work or occupational disease and has not been found unfit to work in the the meaning of the provisions on pensions and pensions from the Social Insurance Fund. Article Recipe 230 § 2 shall apply mutatis mutandis.
Article 232. [ Gratuiten meals and drinks] The employer shall be obliged to provide workers with a particularly onerous, free of charge, appropriate meals and refreshments, if necessary for prophylactic reasons. The Council of Ministers shall determine, by regulation, the types of meals and drinks and the requirements to be fulfilled, as well as the cases and conditions for their issue.
Article 233. [ Hygienic and Sanitary Appliances] The employer is obliged to provide workers with adequate hygiene and hygiene equipment and provide the necessary personal hygiene measures.
Chapter VII
Accidents at work and occupational diseases
Article 234. [ Employer's duties in the event of an accident] § 1. In the event of an accident at work, the employer is required to take the necessary measures to eliminate or limit the risk, to provide the first aid to the injured person and to establish in the prescribed circumstances the circumstances and causes of the accident, and take appropriate measures to prevent similar accidents.
§ 2. The employer shall immediately notify the competent district labour inspector and the prosecutor of the fatal, severe or collective accident at work and any other accident which has caused the said effects to be associated with the work, if it can be considered an accident at work.
§ 3. The employer is obliged to keep a record of accidents at work.
§ 3 1 The Employer is obliged to keep the protocol of determining the circumstances and causes of the accident at work together with the rest of the post-accident documentation for 10 years.
§ 4. Costs related to the setting of circumstances and causes of accidents at work shall be borne by the employer.
Article 235. [ Diagnosis of occupational disease] § 1. The employer shall immediately report to the competent national health inspector and to the competent District Labour Inspectorate any case of suspicion of occupational disease.
§ 2. The obligation referred to in § 1 shall also apply to the doctor of the person responsible for the diagnosis of occupational disease referred to in the provisions adopted on the basis of art. 237 § 1 point 6.
§ 2 1 In any case of suspicion of occupational disease:
1) doctor,
2) a dentist who during the course of his profession has taken such suspicion in the patient
-directs the examination for the purpose of giving a decision on the recognition of the occupational disease or of the absence of a basis for its recognition.
§ 2 2 In the case of a suspected occupational disease, a worker or a former employee who suspects that his symptoms may indicate such a disease may also be carried out by the worker, and the worker at the time of the disease is suspected of having been suspected of having taken an occupational disease. a doctor who is in charge of preventive health care.
§ 3. In the case of an occupational disease, the employer shall be obliged:
1) determine the causes of the establishment of the occupational disease and the nature and extent of the threat of this disease, acting in consultation with the competent State Sanitary Inspector;
2. proceed immediately to the removal of the factors causing the establishment of the occupational disease and to apply other necessary preventive measures;
3) ensure the implementation of medical recommendations.
§ 4. The employer shall keep a register covering the cases of occupational diseases and suspicion of such diseases.
§ 5. The employer shall send a notification of the effects of occupational disease to the institute of occupational medicine indicated by the provisions issued on the basis of art. 237 § 1 1 and to the competent State Sanitary Inspector.
Article 235 1 . [ Definition of occupational disease] A occupational disease is considered to be a disease listed in the list of occupational diseases where, as a result of the assessment of working conditions, it is possible to establish, without a high degree of probability, that it has been caused by the effects of harmful factors for the health of the workers concerned. present in the working environment or in connection with the way in which work is performed, called 'professional exposure'.
Article 235 2 . [ The period during which the occupational disease may be diagnosed] The recognition of occupational disease in the employee or former employee may occur during the period of his employment in occupational exposure, or after the end of the work in such exposure, provided that there are documented signs of disease in the period of time set out in the list of occupational diseases.
Article 236. [ Analysis of causes of accidents at work] The employer is obliged to systematically analyse the causes of accidents at work, occupational diseases and other diseases related to the conditions of the working environment, and on the basis of the results of these analyses apply appropriate preventive measures.
Article 237. [ Delegation] § 1. The Council of Ministers shall determine by way of regulation:
1) the manner and mode of conduct in determining the circumstances and causes of accidents at work and the way in which they are documented, as well as the scope of information included in the register of accidents at work,
2) the composition of the post-accident team,
3) the list of occupational diseases,
4) the period during which the occurrence of documented symptoms entitles to the diagnosis of occupational disease despite early termination of work in occupational exposure,
5) the manner and mode of proceedings concerning the reporting of suspicion, recognition and determination of occupational diseases,
6) competent bodies on the recognition of occupational diseases
-having regard to the current knowledge of the pathogenesis and epidemiology of the diseases caused by human-harmful factors in the working environment and to the prevention of accidents at work and diseases professional.
§ 1 1 The Council of Ministers shall indicate by way of a regulation the institute of occupational medicine to which the employer shall send a notification of the effects of the occupational disease and the time limit within which it is to be sent, having regard to the specialisation of the institute and the type of conduct carried out by the employer. In this study.
§ 2. The Minister responsible for the work will determine, by means of a regulation, a model of the protocol to determine the circumstances and causes of the accident at work containing the data relating to the injured person, the composition of the accident and the accident and its effects, the finding that the accident is or is not an accident at work, as well as applications and recommended preventive measures, as well as an instruction for the parties to the post-accident investigation.
§ 3. The Minister responsible for the work shall determine, by means of a regulation, a model for the statistical model of an accident at work, taking into account the data relating to the employer, the injured person, the accident at work, and the effects thereof, and the manner and time limits for its preparation and forwarding to the competent statistical office.
§ 4. The Minister for Health shall determine by way of regulation:
1) how to document the occupational diseases and the effects of these diseases, as well as the keeping of registers of occupational diseases, taking into account, in particular, the models of documents used in the proceedings concerning these diseases and the data covered by the register.
2) (repealed)
Article 237 1 . [ Accidents to work] § 1. A worker who has suffered an accident at work or who has fallen ill with a occupational disease as specified in the list referred to in Article 4 (1) of the Regulation. 237 § 1 point 3, the social security benefits, as defined in the separate provisions.
§ 2. An employee who has succumb to an accident at work shall be entitled to compensation from the employer for loss or damage in connection with the accident of personal objects and objects necessary for the performance of the work, except for loss of, or damage to motor vehicles and cash values.
Chapter VIII
Training
Article 237 2 . [ Bhp in curricula] Minister of National Education is required to ensure the integration of occupational health and safety concerns and ergonomics in school curricula, after agreement on the scope of the problem with the Minister of Labour and Social Policy .
Article 237 3 . [ Training in bhp range] § 1. A worker must not be allowed to work for which he or she does not have the required qualifications or skills, as well as sufficient knowledge of the rules and rules on safety and health at work.
§ 2. The employer is obliged to ensure that the worker is trained in occupational safety and health before allowing him to work and to conduct periodic training in this area. The training of an employee before being admitted to work is not required if he/she takes up a job in the same job as he/she has worked with the employer before making another contract of employment with the employer.
§ 2 1 The employer is obliged to have health and safety training to the extent necessary to carry out the duties they are carrying on. This training should be periodically repeated.
§ 3. The trainings referred to in § 2 shall take place during the work and at the expense of the employer.
Article 237 4 . [ Instructions and hints concerning bhp] § 1. The employer is obliged to acquaze workers with the regulations and health and safety rules of work concerning their work.
§ 2. Employer is obliged to issue detailed instructions and guidance on occupational safety and hygiene at work stations.
§ 3. The employee is obliged to confirm in writing the regulations and the rules on safety and health at work.
Article 237 5 . [ Delegation] The Minister responsible for the work will determine, by way of regulation, detailed rules of training in the field of occupational safety and health, the scope of this training, the requirements regarding the content and implementation of training programmes, the way of documenting training and cases where employers and/or employees may be exempted from specific types of training.
Chapter IX
Personal protective equipment and clothing and work footwear
Article 237 6 . [ Personal protective equipment] § 1. The employer is obliged to provide the employee with free personal protective equipment against dangerous and harmful factors in the workplace and to inform him about the means of use. These measures are to be
§ 2. (repealed)
§ 3. The employer is obliged to provide the employee with personal protective equipment which meets the requirements for conformity assessment set out in separate provisions.
Article 237 7 . [ Clothing and work shoes] § 1. The employer is obliged to provide the employee with free clothing and work shoes, meeting the requirements set out in the Polish Normans:
1. if the employee's own clothing is liable to be destroyed or marked by a significant pollution;
2) due to technological, sanitary and/or occupational health and safety requirements.
§ 2. The employer may determine the positions on which workers are allowed to use, with their consent, their own clothing and work footwear, meeting the health and safety requirements of the work.
§ 3. The provisions of § 2 shall not apply to the positions on which the works relating to the direct operation of machinery and other technical facilities are carried out, or the work resulting from the intensive filing or contamination of clothing and footwear with chemical agents or Radioactive or contagious biological materials.
§ 4. An employee using his or her own clothing and footwear, as provided for in § 2, shall pay the cash equivalent in respect of their current prices.
Article 237 8 . [ Co-operation with trade unions] § 1. The employer shall determine the types of personal protective equipment and clothing and footwear the use of which in particular posts is necessary in connection with the art. 237 6 § 1 and Art. 237 7 § 1, and the expected periods of use of clothing and work footwear.
§ 2. Personal protective equipment and clothing and work footwear as referred to in art. 237 6 § 1 and Art. 237 7 § 1 are the property of the employer.
Article 237 9 . [ Admission to work] § 1. The employer shall not allow the employee to work without the personal protective equipment and clothing and footwear intended for use in the workplace.
§ 2. The employer is obliged to ensure that the personal protective equipment used and the clothing and work footwear are protective and useful, and that their laundry, maintenance, repair, polling and decontamination are adequately ensured.
§ 3. If the employer cannot ensure the washing of the work clothing, these activities may be carried out by the employee, provided that the employer pays the cash equivalent in the amount of the costs incurred by the employee.
Article 237 10 . [ Storing, washing and maintenance] § 1. The employer is obliged to ensure that personal protective equipment and clothing and work footwear which, as a result of the use in the process of work, have been contaminated with chemical or radioactive materials or biological infectious materials, are stored only in the place designated by the designated authority.
§ 2. The operator of the washing, maintenance, dedusting and decontamination of the objects referred to in § 1 shall be inadmissible.
Chapter X
Occupational safety and health services
Article 237 11 . [ Bhp Service] § 1. An employer employing more than 100 employees creates a health and safety service, hereinafter referred to as the 'bhp service', which performs advisory and control functions in occupational health and safety, and employing up to 100 employees. entrusts the performance of the tasks of the bhp service to an employee who has been employed by another job. An employer who has completed the training necessary to perform the tasks of the bhp service may carry out the tasks of that service himself, if:
1) employs up to 10 employees, or
2) employs up to 20 employees and is eligible for a group of activities for which no higher than the third risk category within the meaning of the provisions on social insurance for accidents at work and occupational diseases has been established.
§ 2. Employer-in the absence of competent employees-may entrust the performance of the tasks of service to the bhp specialists from outside the work plant. A staff member of the bhp service and a staff member engaged in another work entrusted with the performance of the tasks of the bhp service referred to in paragraph 1, as well as a non-work-establishment specialist, shall comply with the qualification requirements necessary for the performance of the tasks. The services of the Bhp and the completion of training in occupational health and safety for the service of the service.
§ 3. A staff member of the bhp and a staff member engaged in another work entrusted with the performance of the duties of that service shall not suffer any adverse consequences for them on account of the performance of the tasks and powers of the service of the bhp.
§ 4. The competent labour inspector may require the establishment of a bhp service or an increase in the number of staff members of the service, where this is justified by the occupational risks identified.
§ 5. The Council of Ministers shall determine by way of regulation:
1) the detailed scope of action, powers, organization, abuncence and subordination of the bhp service;
2) the qualifications required for the performance of the tasks of the bhp service.
Chapter XI
Consultation on health and safety at work and the health and safety committee
Article 237 11a . [ Consultation] § 1. The employer shall consult with the employees or their representatives all the activities related to occupational health and safety, in particular concerning:
1) changes to the organization of work and equipment of work stations, the introduction of new technological processes and chemical substances and their mixtures, if they can pose a risk to the health or life of workers;
(2) the assessment of the professional risk involved in the performance of certain work and of informing workers of this risk;
3) the creation of the service of the bhp or the entrustment of carrying out the tasks of this service to other persons and the appointment of employees to provide first assistance, as well as the execution of fire control and evacuation activities of workers;
4) assignment of employees of personal protective equipment and clothing and work footwear;
5) training of workers in the field of occupational safety and health.
§ 2. Employees or their representatives may present an employer's conclusions on the elimination or reduction of occupational hazards.
§ 3. The employer shall provide the appropriate conditions for consultation and, in particular, shall ensure that they take place during the working hours. Staff members or their representatives shall retain their right to pay for a time not worked in connection with the participation in the consultation.
§ 4. At the motivated request of the employees or their representatives on the health and life risks of employees, the labour inspectors of the State Labour Inspectorate carry out checks and apply the legal remedies provided for in the rules on the State Labour Inspectorate.
§ 5. The consultation referred to in paragraph 1 may be carried out within the framework of that committee and the powers referred to in paragraphs 2 and 4 shall be held by the employer or the employer responsible for the health and safety of the workers concerned. representatives of the committee.
§ 6. The employees or their representatives shall not suffer any adverse consequences for them on the activities referred to in paragraphs 1, 2 and 4. It shall also apply to the employees or their representatives referred to in § 5.
Article 237 12 . [ Commission bhp] § 1. An employer employing more than 250 employees shall establish a health and safety committee, hereinafter referred to as the 'bhp committee', as its advisory body and its opinion. The Bhp commissions shall be composed of an equal number of employer representatives, including staff of the bhp service and a health care professional, as well as employees ' representatives, including the social work inspector.
§ 2. The chairman of the bhp commission shall be the employer or the person authorized by him, and the Vice-President-the social work inspector or the representative of the employees.
Article 237 13 . [ Tasks of the Commission] § 1. The aim of the Bhp is to review the working conditions, to assess the health and safety at work, to give an opinion on the measures taken by the employer to prevent accidents at work and occupational diseases, to make proposals for the implementation of the concerning improvement of working conditions and cooperation with the employer in the implementation of his occupational health and safety duties.
§ 2. The bhp committee meetings shall take place during the working hours, at least once per quarter. The staff member shall retain the right to pay for a time not worked in connection with the participation in the meetings of the commissions.
§ 3. The bhp commission in carrying out the tasks listed in § 1 uses expert opinions or opinions of specialists from outside the workplace in cases agreed with the employer and at its expense.
Article 237 13a . [ Employees ' representatives] Representatives of the employees referred to in Article 237 11a and art. 237 12 They shall be selected by the establishment of trade union organisations and, where employers do not act, by employees, in accordance with the procedure laid down in the establishment of the work of the establishment.
Chapter XII
Obligations of supervisory authorities of undertakings or other public or local authorities
Article 237 14 . [ Obligations of the supervisory authorities] The authorities responsible for the supervision of undertakings or other public or local authorities shall be obliged to take action to shape safe and hygienic working conditions, in particular:
1. provide assistance to undertakings and organisations in the performance of occupational health and safety tasks;
2) make, at least once a year, the assessment of occupational health and safety at work in enterprises and organizational units and specify the directions of improvement of this condition;
3) where appropriate and possible-initiate and carry out scientific research on health and safety at work.
Chapter XIII
Occupational health and safety regulations for the performance of work in various branches of work
Article 237 15 . [ Delegation] § 1. Minister for Labour and Social Policy in agreement with Minister of Health and Social Welfare define, by means of a regulation, generally applicable occupational health and safety regulations for work carried out in different branches of work.
§ 2. The ministers responsible for certain branches of work or types of work in agreement with the Minister of Labour and Social Policy and Minister of Health and Social Welfare will determine, by way of regulation, the health and safety regulations for these branches or works.
DIVISION ELEVENTH
Collective agreements
Chapter I
General provisions
Article 238. [ Definitions] § 1. Whenever you are in the department of the department you are talking about:
(1) the association of trade union organisations, which must be understood as a trade union association (association) or an association (federation) of trade unions or a nationwide interconnection organisation (confederation);
(2) the trade union organisation representing the employees, which must be understood by the association organisation of the workers for which the agreement is concluded. This also applies to the association (federation) of trade unions, consisting of those trade union organisations, as well as a nationwide inter-association (confederation) organisation that brings together such associations or associations (federations). trade unions.
§ 2. The provisions of the chapter relating to:
1. the system shall apply mutatis mutandis to the layout and the layout of the establishment;
2) employers-apply accordingly to the employer.
Article 239. [ Layout Pages] § 1. The arrangement shall be made for all employees employed by the employers covered by its provisions, unless the parties in the arrangement decide otherwise.
§ 2. The agreement may be covered by persons providing employment on a different basis than the employment relationship; the arrangement may also be covered by pensioners and pensioners.
§ 3. The layout shall not be included for:
1) members of the civil service corps;
2) employees of government offices employed on the basis of appointment and appointment;
3) the local workers employed on the basis of choice, appointment and appointment in:
(a) Marshal offices,
(b) county starostomy,
(c) the municipal offices,
(d) the offices (their counterparts) of the associations of local government units,
(e) the offices (their counterparts) of the administrative units of local government units;
4) judges, court asessors and prosecutors.
Article 240. [ Layout contents] § 1. The layout shall specify:
(1) the conditions to which the content of the employment relationship should correspond, subject to § 3;
2) mutual obligations of the parties of the agreement, including the application of the layout and observance of its provisions.
§ 2. The arrangement may specify other matters other than those mentioned in § 1, unregulated by the provisions of the labour law in an absolutely applicable manner.
§ 3. The Agreement shall not affect the rights of third parties.
§ 4. The conclusion of a system for staff members employed in budgetary units and local budgetary establishments may be concluded only within the framework of the financial resources at their disposal, including the remuneration determined on the basis of separate provisions.
§ 5. An application for the registration of a system included for staff members employed in budget units and local government budget establishments shall include a statement from the body which created the entity or has taken over the functions of such body, o the fulfilment of the requirement referred to in paragraph 4.
Article 241. (repealed)
Article 241 1 . [ Findings of the parties] The Parties may, in determining their mutual obligations in the application of the Agreement, establish:
1) how to publish the layout and disseminate its content;
2. the mode of making periodic evaluations of the functioning of the system
3) the mode of explaining the contents of the provisions of the agreement and the settlement of disputes between the parties in this regard.
4) (repealed)
Article 241 2 . [ Progneling] § 1. The conclusion of the agreement shall be made by negotiation.
§ 2. The subject of the initiative of the conclusion of the agreement shall be notified to each association representing the employees for whom the agreement is to be concluded with a view to the joint conduct of the negotiations by all trade union organisations.
§ 3. The party entitled to conclude the agreement shall not refuse to request the other party to the opening of negotiations:
1) for the conclusion of a system for non-layout workers;
2) in order to change the arrangement justified by a significant change in the economic or financial situation of employers or the deterioration of the material situation of the employees;
3) if the request was made no earlier than 60 days before the expiry of the period for which the arrangement was concluded, or after the date of termination of the agreement.
Article 241 3 . [ Mileage mileage] § 1. Each party shall be obliged to carry out the prognosis in good faith and with due respect for the legitimate interests of the other party. This means, in particular:
1) taking into account the demands of the trade union organization justified by the economic situation of employers;
2) refraining from making demands, the implementation of which is manifestly exceeding the financial possibilities of employers;
3) respect the interests of non-system workers.
§ 2. The Parties to the Agreement may determine the mode of settlement of contentious matters relating to the subject of negotiations or other disputed issues that may emerge during those negotiations. In such a case, the provisions on the resolution of collective disputes shall not apply, unless the parties agree to apply them within the specified scope.
Article 241 4 . [ Employer's information on the economic situation] § 1. The employer shall be obliged to give the representatives of the trade unions conducting the information on their economic situation in the fields covered by the negotiations and necessary for the conduct of the responsible negotiations. This obligation applies in particular to the information covered by the statistical reporting of the Statistical Office.
§ 2. Representatives of trade unions shall be obliged not to disclose information obtained from the employer, which constitute the secret of an undertaking within the meaning of the provisions on combating unfair competition.
§ 3. At the request of each party, an expert may be appointed to provide an opinion on matters relating to the subject matter of the negotiations. The costs of the expertise shall be borne by the party which requested the appointment of an expert, unless the parties agree otherwise.
§ 4. The provisions of § 1-3 shall be without prejudice to the provisions on the protection of classified information.
Article 241 5 . [ Conclusion of the Agreement] § 1. The system shall be included in written form for an indefinite period of time or for a fixed period.
§ 2. The system shall determine its scope and shall indicate the seat of the pages of the system.
§ 3. The parties may, before the expiry of the period laid down for the duration of the agreement, extend the duration of the agreement for a limited period of time or declare the agreement to be concluded for an indefinite
Article 241 6 . [ Interpretation of the provisions of the Agreement] § 1. The content of the provisions of the Agreement shall be clarified jointly by his
§ 2. Explanatory provisions of the provisions of the Agreement, made jointly by the parties to the Agreement, shall also bind the parties which have concluded an agreement on the application of that Agreement. The parties to the agreement shall be made available
Article 241 7 . [ Layout Solution] § 1. The arrangement shall be resolved:
1) on the basis of a matching statement of parties;
2) with the expiry of the period for which it was concluded;
3) at the end of the period of notice made by one of the parties.
§ 2. The statement of the parties to the termination of the system and the termination of the agreement shall be in writing
§ 3. The period of termination shall be three calendar months, unless the parties in the arrangement agree otherwise.
§ 4. (lost power)
§ 5. (repealed)
Article 241 8 . [ Conditions for Acquisitions of Workers] § 1. Within a period of one year from the date of transition of the establishment or part thereof to a new employer, the provisions of the arrangement to which they were placed before the work of the establishment or parts thereof for the new employer shall apply, unless separate provisions are made provide otherwise. The provisions of this Agreement shall apply in the version in force on the date of transition of the establishment or part thereof to the new employer. The employer may apply to these employees more favourable conditions than those resulting from the existing arrangement.
§ 2. After the expiry of the period of application of the existing agreement resulting from the arrangement, the terms and conditions of the employment contracts or other acts giving rise to the employment relationship shall apply until the period of termination of such conditions has expired. Article Recipe 241 13 The second sentence of paragraph 2 shall apply.
§ 3. If, in the cases referred to in § 1, the new employer is also taken over by other persons covered by the arrangement in force at the previous employer, the provisions of the arrangement relating to those persons shall apply for one year from the date of the acquisition.
§ 4. If the employees prior to their acquisition were covered by the new employer, the provisions of § 1-3 shall apply to the share system.
Article 241 9 . [ Additional Protocols] § 1. The amendments to the Agreement shall be introduced by means of additional protocols. The provisions for the layout shall apply mutatis mutandis to the additional protocols.
If the agreement has been concluded by more than one trade union organisation, the trade union organisations which have concluded it, subject to paragraphs 3 and 4, shall, for the duration of that agreement, take up any action relating to that agreement.
§ 3. The parties to the agreement may agree that a trade union organisation which has not entered into a system should be entered into the rights and obligations of the parties.
§ 4. Union organisation which, after the conclusion of the Agreement, has become representative on the basis of art. 241 17 or art. 241 25a § 1 may enter into the rights and obligations of the parties to the agreement by making a declaration to the parties to that agreement. To the establishment of the association of art. 241 25a Paragraphs 3 to 5 shall apply mutatis mutandis.
§ 5. Information on the joining of the union organisation into the rights and obligations of the party to the system shall be notified to the register of systems.
Article 241 10 . [ Agreement on the use of the Agreement] § 1. Parties entitled to conclude the Agreement may conclude an agreement on the application, in whole or in part, of a system which is not party to. The arrangements for the agreement shall apply mutatis mutandis.
§ 2. The body of the agreement referred to in § 1 shall notify the parties to the agreement of the agreement.
§ 3. The amendment of the provisions of the Agreement by the parties which have concluded this Agreement shall not alter the content of the agreement referred to in paragraph 1.
Article 241 11 . [ Layout Register] § 1. The layout shall be entered in the register kept for:
1) agreements of the Minister responsible for the work of the labour market;
2) operating systems by the competent District Labour Inspectorate.
§ 2. The arrangement under the law shall be subject to registration within:
1) three months-with regard to the rear-view system,
2) one month-in relation to the share system
-from the date on which the application has been lodged by one of the parties in the agreement.
§ 3. Where the provisions of the Agreement are unlawful, the authority empowered to register it may:
1) with the agreement of the parties of the layout enter the layout of the register without these provisions;
2) call on the parties to the agreement to make the appropriate changes to the system within 14 days.
§ 4. If the parties to the agreement do not agree to enter the system in the register without any unlawful or unlawfully made provision, the authority authorised to register the system shall refuse to register the agreement.
§ 5. Within 30 days of the date of notification of refusal of registration, there shall be an appeal:
1) to the District Court-the District Court-the Labour and Social Insurance Court in Warsaw;
2) to the parties of the establishment-to the competent for the seat of the employer of the district court-the court of work.
The court recognizes the case under the provisions of the Code of Civil Procedure of the Non-procedural Proceedings.
§ 5 1 A person having an interest in legal interest may, within 90 days of the date of registration of the system, request the authority that the system has registered, provided that it has been concluded in breach of the provisions on the conclusion of collective agreements. The reservation should be submitted in writing and shall contain a statement of reasons.
§ 5 2 . The registrant shall within 14 days after receipt of the reservation referred to in § 5 1 He shall invite the parties to the agreement to present the documents and provide the explanations necessary to consider the reservation.
§ 5 3 If it is found that the agreement has been concluded in breach of the provisions on the conclusion of collective agreements, the registrant shall invite the parties to the agreement to remedy those irregularities unless it is not possible to delete them.
§ 5 4 . In the event that:
1) the parties to the agreement shall not submit within the prescribed period, not less than 30 days, the documents and explanations referred to in § 5 2 , or
2) the parties to the agreement within the prescribed period, not shorter than 30 days, shall not remove the irregularity referred to in § 5 3 , or the removal of this irregularity is not possible,
the recording authority shall remove the layout from the register of systems. The provisions of § 5 shall apply mutatis mutandis.
§ 5 5 . The conditions of employment contracts or other acts giving rise to the employment relationship resulting from the arrangement drawn from the register of systems shall be valid until the expiry of the period of termination of those conditions. Article Recipe 241 13 The second sentence of paragraph 2 shall apply.
§ 6. The Minister for Working Cases to ensure uniform rules for the registration of collective agreements and the keeping of the register of collective agreements will determine, by means of a regulation, the procedure for the registration of collective bargaining agreements, In particular, the conditions for the submission of applications for entry in the register of systems and for the registration of the system, the scope of the information covered by those applications and the documents attached to the applications, the effects of non-compliance with the form and content of the applications, the removal of the system from the register, as well as the way of keeping the system and records register Registration and registration of registration clauses and registration cards.
Article 241 12 . [ Entry into force of the Agreement] § 1. The Agreement shall enter into force within the time limit set out therein, but not earlier than the date of registration.
§ 2. The Employer is obliged:
1. notify the workers of the entry into force of the system, the changes to the layout and the termination and termination of the system;
2) provide the target organization of the necessary number of copies of the system;
3) at the request of the employee make available for inspection the text of the layout and explain its contents.
Article 241 13 . [ Advantageous and less favourable provisions of the Agreement] § 1. The more favourable provisions of the Agreement, on the date of its entry into force, shall replace, by virtue of the law resulting from the existing labour law, the terms of the employment contract or any other act giving rise to the establishment of the employment relationship.
§ 2. The provisions of the Agreement less favourable to employees shall be introduced by denunciation of the employees of the existing terms of the contract of employment or other act constituting the basis of employment relationship. When the existing terms of the employment contract or other act constituting the basis of the employment relationship have been terminated, provision shall not be made for restricting the admissibility of the expression of such an agreement or act.
Chapter II
Overcharge collective bargaining system
Article 241 14 . [ Layout Pages] § 1. The working collective agreement, hereinafter referred to as the 'rear-board system', shall include:
1) from the staff of the competent statutory body of the association of the union;
2) by employers 'competent bodies of employers' organisations, on behalf of employers who are affiliated with the employers ' organisation.
§ 2. (repealed)
§ 3. (repealed)
Article 241 14a . [ Authorisation for the conclusion of the Agreement] § 1. In the event that the joint association representing the employees for which the replenishing system is to be concluded is part of the trade union association (federation) or the nationwide inter-beam organisation (confederation), the the conclusion of the agreement is authorised, subject to § 2, only this joint-action association.
Article 2 (2) (c) of the Treaty on the European Union (2), the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission concluded and which obtained representativeness on the basis of art. 241 17 § 3, only in the event of a reasoned written request in this case by at least one of the other union organisations carrying out the negotiations on the conclusion of the said Agreement. The requested organisation shall not refuse to accede to the negotiations; the refusal shall result in the deprivation of representativeness for the needs of the specified retraction arrangement of all the organisations in which the organisation should enter, to which the request is addressed.
§ 3. In the event that employers ' organisations of employers who are to be covered by the floorboard are part of a federation or a confederation, the right to conclude a system shall have an organisation in which the employers are directly affiliated.
Article 241 15 . [ The initiative to conclude the agreement] The right to address the initiative of the conclusion of a recharting system shall be:
1) the organization of employers entitled to the conclusion of the agreement on the part of employers;
2) any joint association representing the employees for whom the agreement is to be concluded.
Article 241 16 . [ Progneling] § 1. If the employees for whom the retapping system is to be contained represent more than one trade union organisation, the organisation for the conclusion of the agreement shall lead to a joint representation or joint representation of the trade union organisations.
§ 2. If, within the time limit set by the entity acting with the initiative of concluding the agreement, not less than 30 days from the date of notification of the initiative of concluding the agreement, not all trade union organisations shall accede to the negotiations in accordance with the as defined in § 1, the trade union organisations which have acceded to the negotiations are eligible for negotiations. These negotiations shall be carried out in accordance with the procedure laid down in paragraph 1.
§ 3. The conditions for the conduct of the negotiations referred to in paragraph 2 shall be subject to the participation of at least one representative association of the union within the meaning of the Article. 241 17 .
§ 4. If, prior to the conclusion of the agreement, the association is formed, the association has the right to accede to the negotiations.
§ 5. The following shall include all the trade union organisations which have been engaged in negotiations on this agreement, or at least of all representative trade union organisations, within the meaning of Article 4 (1) of the Rules of Association. 241 17 , participating in the prognosis.
Article 241 17 . [ Representative Association] § 1. A representative trade union organisation is a representative association of:
1) representative within the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240);
(2) an association of at least 10% of the total number of employees falling within the scope of the statutes, but not less than ten thousand employees, or
3) which brings together the largest number of employees for whom a specific reacting system is to be included.
§ 2. With the request for a statement of representativeness, the joint-law organization referred to in § 1 (2) and (3) shall apply to the District Court in Warsaw, which shall issue a ruling on the matter within 30 days from the date of submission of the application, in the mode of provisions of the Code of Civil Procedure of the Non-procedural Proceedings.
§ 3. Where the representativeness of a nationwide inter-beam organisation (confederation) is found, the national trade unions and associations (federations) of trade unions shall become representative of the law under the law.
Article 241 18 . [ Extension of application] § 1. At the joint request of the employers ' organisations and the association of trade union organisations which have concluded a carry-over agreement, the minister responsible for labour may, when required by an important social interest, extend, by means of a regulation, the application of the of this arrangement, wholly or in part, to employees of an employer who is not covered by any reponding system, or who is engaged in an economic activity equal to or similar to the activities of the employers covered by that arrangement, as established on the basis of separate provisions for the classification of activities, after consultation the opinion of that employer or of the employer's organisation of the employer and of the establishment of the trade union organisation, if any, of the employer.
§ 2. The application for the extension of the use of the retraction system should indicate the name of the employer and its seat, as well as the justification for the need to extend the use of the rechargatory system and to contain the information and documents necessary for the the statement of requirements referred to in paragraph 1.
§ 3. (repealed)
§ 4. The extension of the application of the recharting system shall be no longer valid until the employer is placed on a different reed system.
§ 5. The provisions of paragraphs 1 and 2 and of Articles 2 and 2 shall apply to the application for the repeal of the application of the system. 241 8 § 2.
Article 241 19 . [ Organizational transformations of layout pages] § 1. In the event of a merger or division of a trade union organisation or an employer organisation which has concluded a reacting arrangement, its rights and obligations shall pass on to the organisation resulting from the merger or division.
§ 2. In the event of dissolution of employers ' organisations or of all trade union organisations which are a party to the floorboard system, the employer may depart from the use of the repondant system in whole or in part after a period of at least equal the period of termination of the agreement by making an appropriate statement in writing on the other side of the agreement. Article Recipe 241 8 § 2 shall apply mutatis mutandis.
§ 3. (repealed)
§ 4. The information relating to the matters referred to in paragraphs 1 and 2 shall be notified to the register of systems.
Article 241 20 . (repealed)
Article 241 21 . (repealed)
Chapter III
Working collective agreement
Article 241 22 . (repealed)
Article 241 23 . [ Site layout pages] The establishment of a collective labour agreement, hereinafter referred to as 'the establishment plan', shall include the employer and the establishment of the trade union organisation.
Article 241 24 . [ The initiative to conclude the agreement] The right to take an initiative of the establishment of the establishment agreement shall be entitled:
1. employers;
2. each establishment of a trade union organisation.
Article 241 25 . [ Progneling] § 1. If the employees for whom a share arrangement is to be contained represent more than one trade union organisation, the negotiations for the conclusion of the agreement shall be carried out by their joint representation or jointly acting by the respective trade union organisations.
§ 2. If, within the time limit set by the entity acting with the initiative of concluding the establishment, not less than 30 days from the date of filing the initiative of concluding the agreement, not all union organizations shall accede to the negotiations in accordance with the procedure laid down in the 1, the trade union organisations which have acceded to the negotiations shall be eligible for negotiations. These negotiations shall be carried out in accordance with the procedure laid down in paragraph 1.
§ 3. The conditions for the conduct of the negotiations referred to in paragraph 2 shall be subject to the participation of at least one representative undertaking of the trade union within the meaning of the provisions of Article 4 (2). 241 25a .
§ 4. If a trade union organisation is established prior to the conclusion of the agreement, it shall have the right to proceed to negotiations.
§ 5. The establishment agreement shall include all the trade union organisations which have been engaged in negotiations on this arrangement, or at least all representative trade union organisations, within the meaning of Article 4 (1) of the Regulation. 241 25a , participating in the prognosis.
Article 241 25a . [ Representative Association of the Land] § 1. The representative association of the association is the association of:
(1) which is either an organisational unit or a member organisation of a compound association recognised as being representative on the basis of an art. 241 17 § 1 (1), provided that it brings together at least 7% of the employees employed by the employer, or
2) which brings together at least 10% of employees working with the employer.
(2) If none of the relevant trade union organisations meets the requirements referred to in paragraph 1, the representative organisation of the association shall be the organisation which brings together the largest number of employees.
§ 3. In determining the number of employees associated with the establishment of the association referred to in paragraphs 1 and 2, only the staff members of that organisation shall be taken into account for at least six months prior to the date of accession to the negotiations on the the conclusion of the establishment agreement. In the event that a worker is a member of several trade union organisations, he or she may be taken into account only as a member of one of the trade union organisations concerned.
§ 4. Prior to the conclusion of the establishment agreement, the establishment of a trade union organisation may submit a written reservation to the participants in the negotiations on the conclusion of that agreement as to the fulfilment by another establishment of the association criteria. the representativeness referred to in paragraphs 1 and 2; the right to claim the reservation shall also be given to the employer.
§ 5. In the case referred to in paragraph 4, the establishment of a trade union in respect of which a reservation has been claimed shall take place in the district court, the court of work which is competent for the head office of the employer with a request for a declaration of representativeness. The Tribunal shall issue a ruling in this case within 30 days from the day of submission of the application, in the procedure of the provisions of the Code of Civil Procedure of the Non-procedural Proceedings.
Article 241 26 . [ Provisions of the share system and the provisions of the rear-view system] § 1. The provisions of the establishment plan shall not be less favourable to workers than the provisions of their own-board system.
§ 2. The establishment agreement may not specify the conditions for the remuneration of employees who manage on behalf of the employer a job, within the meaning of the Article. 128 § 2 point 2, and the persons managing the establishment of the work on a different basis than the employment relationship.
Article 241 27 . [ Suspension of system use] § 1. Due to the financial situation of the employer, the parties to the betting system may conclude an agreement to suspend the use of the employer in question, in whole or in part, of this arrangement and of a reed or one of them, for a period of not more than 3 years. In the event that the employer has only a reed agreement, the agreement to suspend the application of that agreement or some of its provisions may include the parties entitled to conclude the establishment agreement.
§ 2. The agreement referred to in § 1 shall be notified to the register respectively of the works agreements or of the reacting systems. In addition, information on the suspension of the application of the agreement of the agreement to the parties shall be communicated to the parties to the agreement.
§ 3. Within the scope and for the time referred to in the agreement referred to in paragraph 1, it shall not apply by virtue of the law resulting from the agreement and the arrangement of the terms and conditions of employment contracts and other acts giving rise to the establishment of the employment relationship.
Article 241 28 . [ Economic Organization] § 1. A share arrangement may cover more than one employer if these employers are part of the same legal person.
§ 2. The prognates above the conclusion of the arrangement shall lead to:
1. the competent authority of the legal person referred to in § 1, and
2) all the establishment of trade union organisations, subject to § 3.
§ 3. If the establishment of the relevant trade union organisations belong to the same association, federation or confederation, the competent authority designated by that association, federation or confederation shall be entitled to conduct the negotiations on their behalf.
§ 4. If, within a time limit set by the entity acting on the initiative of concluding the establishment, not less than 30 days from the date of notification of the initiative of concluding the agreement, not all trade union organisations shall accede to the negotiation, the conduct of the negotiations shall be the authorised union organisations which have acceded to them, provided that all the bodies referred to in paragraph 3 have been involved in the negotiations referred to in paragraph 3, as indicated by the joint association representing the employees of the staff of the staff of the Member State of the employers who are part of a legal person, representative of the terms of the Article. 241 17 § 1 (1) and (2) and § 3.
§ 5. The establishment agreement shall contain all the trade union organisations which have been engaged in negotiations on this arrangement, or at least all the bodies referred to in paragraph 3, as indicated by the joint association representing the employees of the staff of the staff of the Member State concerned. employers who are part of a legal person, representative of the terms of the Article. 241 17 § 1 (1) and (2) and § 3.
§ 6. The provisions of paragraphs 1 to 5 shall apply, mutatis mutandis, to an entity which does not have legal personality, which consists of more than one employer.
Article 241 29 . [ Breakdown or merger of the establishment] § 1. (repealed)
§ 2. In the event of a merger of the association of trade union organisations, one of which has concluded an arrangement, its rights and obligations shall be transferred to the organisation resulting from the merger.
§ 3. In the event of dissolution of all trade union organisations which have concluded an arrangement, the employer may waive the application of the arrangement in whole or in part after the expiry of a period of at least equal termination of the arrangement. Article Recipe 241 8 § 2 shall apply mutatis mutandis.
§ 4. (repealed)
§ 5. (repealed)
Article 241 30 . [ Inter-Works Association] The provisions of the Chapter shall apply mutatis mutandis to the inter-establishment trade union organisation of the employer.
DIVISION TWELFTH
Consideration of claims for claims on employment
Chapter I
General provisions
Article 242. [ Claims Investigation] § 1. A staff member may claim his or her claims from the employment relationship in the course of the proceedings.
§ 2. Before the case is referred to the court, the staff member may ask for conciliation before the conciliation committee.
Article 243. [ Aiming for amicable settlement of the dispute] The employer and the employee should strive for amicable settlement of the dispute over the employment relationship.
Chapter II
Conciliation
Article 244. [ Conciliation commissions] § 1. Conciliation committees may be appointed for the purpose of amicable settlement of workers ' claims on employment.
§ 2. (repealed)
§ 3. The Conciliation Commission is jointly appointed by the employer and the establishment of a trade union organisation and, if the employer is not in a working order, the employer, after having received the positive opinion of the employees.
§ 4. (repealed)
Article 245. [ Commission appointment mode] Under the conditions laid down in Article 244 § 3 shall be fixed as follows:
1. the rules and mode of appointment of the committee;
2) duration of the term of office;
3) the number of committee members.
Article 246. [ Prohibition of membership] A member of the conciliation committee shall not be:
1) the managing person, on behalf of the employer, the establishment of the work;
2. chief accountant;
3. legal adviser;
4) a person conducting personal affairs, employment and wages.
Article 247. [ Chairman of the Commission] The conciliation committee shall elect a chairman of the commission and his alternates and shall determine the rules of procedure of the conciliation procedure.
Article 248. [ Employee proposal] § 1. The conciliation committee shall initiate proceedings at the request of the staff member in writing or verbally to the minutes. The application shall state the date of its impact.
§ 2. The application by the worker of the application to the conciliation committee shall interrupt the course of the periods referred to in Article 3. 264.
Article 249. [ Composition of committees] The conciliation committee shall carry out conciliation proceedings in teams composed of at least three members of that committee.
Article 250. (repealed)
Article 251. [ Appointment of the case] § 1. The conciliation committee should endeavour to settle the matter by settlement within 14 days from the date of submission of the application. The deadline for the completion of the proceedings before the Conciliation Committee shall be stated in the minutes of the meeting of the team.
§ 2. In matters concerning the termination, expiry or establishment of the employment relationship referred to in Article 264, the proposal for a conciliation committee is requested before the expiry of the deadlines laid down in that provision.
§ 3. In the cases referred to in § 2, the conciliation proceedings shall end by virtue of the law within 14 days from the date of submission of the application by the employee, and in other cases-within 30 days from the date of submission of the application.
Article 252. [ Conclusion of a settlement] The settlement concluded before the conciliation committee shall be entered in the minutes of the meeting of the team. The protocol is signed by the parties and team members.
Article 253. [ Acceptability of a settlement] It is unacceptable to conclude a plea agreement which would be contrary to the law or the principles of social coexistence.
Article 254. [ Submission of the case to the Court of Labour] If the proceedings before the conciliation committee have not resulted in a settlement, the commission shall, at the request of the staff member, be notified within 14 days from the date of the termination of the conciliation procedure, shall forthwith communicate the matter to the court of work. The worker's request for an amicable settlement of the case by the Conciliation Committee shall be replaced by the lawsuit. An employee may, instead of filing this request, bring a lawsuit to the labour court on a general basis.
Article 255. [ Execution of a settlement under the provisions of the Code of Civil Procedure] § 1. In the event of default of a settlement by the employer, it shall be enforceable in the provisions of the provisions of the Code of Civil Procedure, after the court has given it a declaration of enforceability.
§ 2. The Court of Work shall refuse to grant a declaration of enforceability if it is apparent from the complex act of the commission that the settlement is contrary to the law or the principles of social coexistence. This does not preclude the possibility of investigating the findings of a plea bargain with the law or the principles of social coexistence in general terms.
Article 256. [ Uneffectiveness of the settlement] An employee may apply to the labour court within 30 days from the day of conclusion of the settlement with the demand for recognition of it as an ineffective, if he considers that the settlement violates his fair interest. However, in the cases referred to in Article 251 § 2, with the request of such an employee, may occur only within 14 days from the day of conclusion of the settlement.
Article 257. [ Member of the Conciliation Committee] The duties of a member of a conciliation committee shall be a social function. However, a member of the conciliation committee shall retain the right to remuneration for the time not worked in connection with the participation in the work of the committee.
Article 258. [ Activities of the Conciliation Committee] § 1. The employer is obliged to provide the commission with conciliation premises conditions and technical measures to enable it to function properly.
§ 2. Expenditure related to the activities of the Conciliation Committee shall be borne by the employer. These expenses also include the equivalent of the lost remuneration for the time not worked by the employee in connection with the participation in the conciliation procedure.
Article 259. (repealed)
Article 260. (repealed)
Article 261. (repealed)
Chapter III
Labour courts
Article 262. [ The court property and its exclusion] § 1. Disputes over work claims shall be settled by:
1. Labour courts-constituting separate organisational units of district courts, and
2) labour courts and social security-constituting separate organisational units of provincial courts [ 7] , called labour courts.
§ 2. Are not subject to the jurisdiction of the labour courts disputes concerning:
1) establishing new working conditions and pay;
2) the application of labour standards.
3) (repealed)
§ 3. The rules for the creation of courts of work, the organisation and the procedure before these courts shall be governed by separate rules.
Article 263. (repealed)
Article 264. [ Investigation of claims before the court] § 1. An appeal against the termination of the employment contract shall be lodged with the court of work within 7 days from the date of service of the letter of the appellant's work contract.
§ 2. The request for restoration to work or compensation shall be lodged with the court of work within 14 days from the date of service of the notice of termination of the contract of employment without notice or from the date of expiry of the contract of employment.
§ 3. The request to establish a contract of employment is requested by the court of work within 14 days from the date of service of the notice of refusal of admission to work.
Article 265. [ Restoration of deadline] § 1. If an employee has not made, without his fault, the duties referred to in Article 3, he or she shall, without his fault, be 97 § 2 1 and in art. 264, the court of work at its request decides to reinstate the quashed term.
§ 2. The application for restoration of the deadline shall be filed with the court of work within 7 days from the date of cessation of the reason for failure to meet the deadline. The request must be given to the circumstances justifying the restoration of the time limit.
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)
THE THIRTEENTH DEPARTMENT
Responsibility for offenses against employee rights
Article 281. [ Directory of Offences] Who, being the employer or acting on his behalf:
1) conclude a civil law agreement in the conditions under which according to art. 22 § 1 the contract of employment should be concluded,
1a) shall not notify the competent district labour inspector, in written or electronic form, of the conclusion of a contract of employment referred to in art. 25 1 § 4 (4), together with an indication of the reasons for the conclusion of such an agreement, within 5 working days from the date of its conclusion,
2) does not confirm in writing concluded with the employee of the contract of employment before allowing it to work,
3. shall express or terminate with the employee the employment relationship without notice, in a manner which is in breach of the provisions of labour law,
4) apply to employees other penalties than those provided for in the provisions of the labour law on the liability of the employees,
5) violate the provisions on working time or provisions on the entitlement of employees related to the parenting and hiring of juveniles,
6) do not maintain records in matters related to the employment relationship and the personal files of employees,
7) leave documentation on matters related to the employment relationship and the personal files of employees under conditions threatening to damage or destroy
-shall be punished by the fine from 1000 PLN to 30 000 PLN.
Article 282. [ Directory of Offences] § 1. Who, contrary to the obligation:
(1) does not pay, within the prescribed period, the remuneration for the work or other benefit of the worker or the member of the worker's family entitled to do so, the amount of that remuneration or the allowance shall be reduced, or make unjust deductions,
(2) does not grant or reduce the amount of such leave to the operator of the holiday or to the benefit of the staff member,
3) does not issue a labor certificate to the employee,
shall be punished by the fine from PLN 1000 to 30 000 PLN.
§ 2. The same penalty shall be subject to, who, contrary to the obligation, does not execute the decision of the court of service or of a settlement entered into before the conciliation committee or the court of work.
Article 283. [ Responsibility for Safety and Health at Work] § 1. Who, being responsible for the state of health and safety at work or directing employees or other natural persons, does not comply with regulations or rules of occupational safety and hygiene, shall be punished by the fine from PLN 1000 to 30,000 PLN.
§ 2. The same penalty shall be subject to who:
1) (repealed)
2. contrary to the obligation, it does not ensure that the construction or rebuilding of a construction or part of a construction site, where the work spaces are foreseen, is carried out on the basis of projects which take into account occupational safety and health requirements;
3) contrary to the obligation to equip work stations in machinery and other technical devices which do not meet the requirements for conformity assessment;
4. contrary to the obligation, provide an employee with personal protective equipment which does not meet the requirements for conformity assessment;
5. contrary to the obligation to apply:
(a) technological materials and processes without first establishing the extent of their harm to the health of workers and without taking appropriate prophylactic measures,
(b) chemical substances and their mixtures, not labelled in a visible manner and enabling them to be identified,
(c) dangerous substances, hazardous mixtures, hazardous substances or mixtures presenting a hazard which do not have safety data sheets, and packages which are protective of them against harmful effects, fire or explosion;
6. contrary to the obligation, it shall not notify the competent district labour inspector, the prosecutor or any other competent authority with a fatal, severe or collective accident at work and any other accident which has caused the said effects to be associated with the work, if it can be considered as an accident at work, does not report any occupational disease or suspicion of such a disease, does not disclose an accident at work or a occupational disease, or presents incorrect information, evidence or documents relating to such diseases accidents and diseases;
7) does not perform within the prescribed period subject to the execution of the order of the State Labour Inspectorate;
8) impede the activity of the body of the State Labour Inspectorate, in particular preventing the carrying out of the work plant or does not provide the information necessary for the performance of its tasks;
9) without the permission of the competent labour inspector it allows for the performance of work or other gainful activities by the child to complete for not 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 290 1 . (repealed)
DIVISION FOURTEENTH
Limitation of claims
Article 291. [ Limitation deadlines] § 1. The claims from the employment relationship shall be statute-bargaining within 3 years from the date on which the claim became due.
§ 2. However, the employer's claim to make good the damage caused by the employee as a result of the non-performance or improper performance of the employee's duties shall be barred from the end of 1 year from the date on which the employer took the message of the the damage caused by the worker, but not later than the expiry of the 3 years after the injury was caused.
§ 2 1 The provisions of § 2 shall also apply to the employer's claim referred to in Article 2. 61 1 and in art. 101 1 § 2.
§ 3. If the employee intentionally caused damage, the provisions of the Civil Code shall apply to the limitation of the claim for remediation of this damage.
§ 4. The limitation periods may not be shortened or extended by a legal act.
§ 5. The claim established by the final decision of the body appointed for the settlement of disputes, as well as the claim established by the agreement concluded in accordance with the procedure laid down in the Code before such a body, shall be statute-barred for 10 years from the date of the entitlement to the right to the right to the right to terminate the dispute. the judgment or conclusion of a settlement.
Article 292. [ Investigation Of Expired Claim] A statute of limitations cannot be claimed, unless the one against whom the claim is entitled, waives the use of the statute of limitations; the waiver made before the expiration of the statute of limitations shall be invalid.
Article 293. [ Force majea] The limitation period shall not commence and shall be suspended for the duration of the obstacle, where, by reason of force majeure, the competent authority is unable to assert its claims before the competent authority established for the settlement of disputes.
Article 293 1 . [ The limitation period for the claim for holiday leave] The limitation period for the claim for holiday leave shall not begin and shall be suspended for the duration of the exercise of parental leave.
Article 294. [ A person not having full legal capacity] A statute of limitations on a person who does not have a full legal capacity or who has a basis for its total incapacitation cannot end up earlier than 2 years after the date of establishment for the person in question. a statutory representative or from the date on which the reason for the appointment is established. If the period of limitation is 1 year, its course shall be calculated from the date of the establishment of the statutory representative, or from the date on which the reason for its establishment was established.
Article 295. [ Interruption of the limitation period] § 1. The limitation period shall be interrupted:
1) by any act before the competent authority set up for the settlement of disputes or the enforcement of claims taken directly for the purpose of the investigation or the determination or settlement or securing of the claim;
2) by recognition of the claim.
§ 2. After each interruption of the statute of limitations, it shall run anew. If the interruption of the limitation period has occurred as a result of one of the reasons set out in paragraph 1 (1), the statute of limitations shall not commence until the proceedings initiated for the purpose of the investigation or the establishment or the fixing of the settlement or the security of the claim are not will be ended.
DIVISION FOURTEENTH A
(repealed)
Article 295 1 . (repealed)
Article 295 2 . (repealed)
CHAPTER FIFTEEN
Final provisions
Article 296. (repealed)
Article 297. [ Delegation] The Minister of Labour and Social Policy shall determine by way of regulation:
1. the method of determining the remuneration:
(a) which is entitled during the period of non-performance,
(b) which is the basis for determining the amount of the fines, deductions, indemnities, postmortem rights or other charges provided for in the Labour Code;
2. how the amount of the compensatory allowance is set for remuneration.
Article 298. (repealed)
Article 298 1 . [ Delegation] Minister for Labour and Social Policy define, by means of a regulation, the scope of the employers ' documentation on matters relating to the employment relationship and the way in which the employee's personal files are carried out.
Article 298 2 . [ Delegation] Minister for Labour and Social Policy define, by means of a regulation, the way of justifying the absence of work and the extent of the workers ' dismissal, as well as the cases in which, in the absence or dismissal of the staff member, the worker retains the right to remuneration.
Article 298 3 . (repealed)
Article 299. (repealed)
Article 300. [ Application of provisions of the Civil Code] The provisions of the Civil Code shall apply mutatis mutandis in cases of unregulated labour law to the employment relationship, if they do not conflict with the principles of labour law.
Article 301. [ Special powers of soldiers] § 1. Special powers related to the employment relationship of persons appointed to the active military service and exempt from this service are norms provisions on the universal duty of defence of the Republic of Poland and the provisions on the military service of professional soldiers.
§ 2. The period of the active military service shall be included in the period of employment within the scope and on the rules provided for in the provisions referred to in § 1.
Article 302. [ Service included in the period of employment] The period of employment shall include the period of service in the Police, the State Security Office, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Prison Service, The Border Guard and the State Fire Service within the scope and under the rules laid down by separate regulations.
Article 303. [ Delegation] § 1. The Council of Ministers shall lay down, by means of a regulation, the scope of application of the provisions of labour law to persons performing work, with amendments resulting from the different conditions for the exercise of that work.
§ 2. The Council of Ministers may define, by means of a regulation, the scope of application of the provisions of the labour law to persons who are constantly performing work on a different basis than the employment relationship or the contract of employment, with changes resulting from the different conditions performing this work.
Article 304. [ Persons performing work on a different basis than the employment relationship and the bhp] § 1. The employer is obliged to provide safe and hygienic working conditions referred to in art. 207 § 2, natural persons performing work on a different basis than the employment relationship at the establishment or the place designated by the employer, as well as those who are in the establishment of the job or the place designated by the employer for their own account economic activity.
§ 2. The employer is obliged to ensure the safe and hygienic conditions of the activities carried out at the premises of the establishment by students and students who are not employees of the work.
§ 3. Obligations laid down in Article Article 207 (2) applies mutatis mutandis to non-employer-based undertakings organising work carried out by individuals:
1) on a different basis than the employment relationship;
2) carrying out an economic activity on its own account.
§ 4. Where work is carried out in a place to which persons who do not participate in the work process have access, the employer shall take the measures necessary to ensure the protection of life and health for those persons.
§ 5. Minister of National Defence-in relation to soldiers in active military service, and the Minister of Justice-in relation to persons staying in detention facilities or in correctional facilities, in agreement with Minister of Labour and Social Policy They shall determine, by means of regulations, the scope of application to those persons of the provisions of Chapter 10 in the event of certain tasks or work carried out at the premises of the establishment or at the place designated by the employer.
Article 304 1 . [ Obligations of natural persons in bhp range] Obligations referred to in Article 211, to the extent defined by the employer or other entity organising the work, pregnancy also on the physical persons performing the work on a different basis than the employment relationship at the establishment or at the place designated by the employer or other entity arranging the work, as well as on self-employed persons, in the establishment of work or in a place designated by the employer or by another body organising the work.
Article 304 2 . [ Members of agricultural production cooperatives] The members of the agricultural production cooperatives and the members of their families and members of the agricultural machinery ring cooperative (agricultural services) shall apply mutatis mutandis. 208 § 1, art. 213 § 2, art. 217 § 2 , art. 218, art. 220 § 1 and art. 221 § 1-3.
Article 304 3 . [ Individuals engaged in an economic activity] For natural persons carrying out an economic activity, an Article shall apply mutatis mutandis. 208 § 1.
Article 304 4 . [ Persons performing short term work] The employer is obliged to allocate the necessary working clothes and personal protective equipment to persons performing temporary work or inspection activities, during which their own clothing may be destroyed or marked with dirt, as well as because of the security of performing these works or tasks.
Article 304 5 . [ Workout by child] § 1. The exercise of work or other gainful activities by a child for the last 16 years is allowed only for the benefit of a cultural, artistic, sporting or advertising entity and requires prior authorisation. a statutory representative or guardian of that child, as well as the permission of the competent labour inspector.
§ 2. The competent labour inspector shall issue the authorisation 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 the work or of other gainful activities within the scope provided for in paragraph 1:
1) poses a threat to the life, health and development of a child's psychophysi;
2) threatens the fulfilment of the school's obligation by the child.
§ 4. The entity referred to in paragraph 1 shall be attached to the application for authorisation:
1) written consent of the statutory representative or guardian of the child for the performance by the child of work or other gainful activities;
2) the opinion of a psycho-pedagogical counselor on the lack of contraindications for the child's work or other gainful activities;
3) a doctor's judgement stating that there is no contraindication to the child's work or other gainful activities;
(4) if the child is subject to compulsory education, the opinion of the head of the school to which the child is attending, concerning the possibility for the child to fulfil that obligation at the time of the performance of his or her work or of other gainful activities.
§ 5. The authorisation referred to in paragraph 1 shall include:
1) personal data of the child and his or her legal representative or guardian;
2) the designation of the operator of the activity within the scope provided for in § 1;
3) determine the type of work or other gainful activities that the child may perform;
4) determination of the permissible period of the child's work or other gainful activities;
5) the determination of the permissible daily working time or other gainful activities;
6) other necessary arrangements, required for the welfare of the child or the type, nature or conditions for the performance of the work or other gainful activities by the child.
§ 6. At the request of a statutory representative or a child-keeper, the competent work inspector shall withdraw the authorisation issued.
§ 7. The competent labour inspector shall withdraw the authorization issued from the office if he finds that the conditions of the child's work do not comply with the conditions laid down in the authorisation.
Article 305. (repealed)
Article 305.
1) This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:
1. Directive 83 /477/EEC of 19 September 1983 (1) on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of the Article (Article 8 of Directive 80 /1107/EEC) Urz. EC L 263, 24.09.1983, as amended. zm.),
(2) Directive 86 /188/EEC of 12 May 1986 (2). on the protection of workers from the risks related to exposure to noise in the workplace (Dz. Urz. EC L 137 of 24.05.1986),
(3) Directive 89 /391/EEC of 12 June 1989 (3). on the introduction of measures to improve the safety and health of workers at the workplace (Dz. Urz. EC L 183 of 29.06.1989),
4) Directive 89 /654/EEC of 30 November 1989 concerning minimum requirements in the field of safety and health protection at work (first individual Directive within the meaning of the Article 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 393 of 30.12.1989),
5. of Directive 89 /655/EEC of 30 November 1989 (1). concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of the Article 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 393 of 30.12.1989, as late. zm.),
6. of Directive 89 /656/EEC of 30 November 1989 (1). on minimum requirements for the safety and health protection of workers using personal protective equipment (third individual Directive within the meaning of the Article) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 393 of 30.12.1989),
7. Directive 90 /269/EEC of 29 May 1990 (1). on minimum requirements for the protection of health and safety during the manual movement of loads in the event of a risk, in particular the injury to the backbone of workers (fourth individual Directive within the meaning of Article 1). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 156 of 21.06.1990),
(8) Directive 90 /270/EEC of 29 May 1990 (OJ 1990 L 31, p. on the minimum safety and health requirements for work with equipment equipped with screen monitors (fifth individual Directive within the meaning of the Article) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 156 of 21.06.1990),
(9) Directive 90 /394/EEC of 28 June 1990 (1). on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 4). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 196 of 26.07.1990, of late. zm.),
10) of Directive 91 /322/EEC of 29 May 1991. on the setting of indicative limits for the 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 (Dz. Urz. EC L 177 of 05.07.1991),
(11) Directive 91 /383/EEC of 25 June 1991. supplementary measures to encourage improvements in the safety and health at work of workers with a fixed duration or a temporary employment relationship (Dz. Urz. EC L 206 of 29.07.1991),
(12) Directive 91 /533/EEC of 14 October 1991 (1). on the employer's obligation to inform employees of the terms and conditions applied to the contract or employment relationship (Dz. Urz. EC L 288, 08.07.1992),
(13) Directive 92/57/EEC of 24 June 1992 (1). on the implementation of minimum safety and health requirements in temporary or mobile construction sites (eighth individual Directive within the meaning of Article 1 of the EC) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 245 of 26.08.1992),
(14) of Directive 92/58/EEC of 24 June 1992 (1). on the minimum requirements for the signs of safety and/or health at work (ninth individual Directive within the meaning of the Article 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 245 of 26.08.1992),
15. of Directive 92/85/EEC of 19 October 1992 (1). on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers, workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 3). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 348 of 28.11.1992),
16) of Directive 93 /104/EC of 23 November 1993. concerning certain aspects of the organisation of working time (Dz. Urz. EC L 307, 13.12.1993),
(17) of Directive 94 /33/EC of 22 June 1994 (1). on the protection of the work of young people (Dz. Urz. EC L 216 of 20.08.1994),
(18) Directive 96 /34/EC of 3 June 1996 (3). on the framework agreement on parental leave concluded by the European Union of Industrial and Employers ' Confederations/UNICE/, the European Centre for Public Enterties/CEEP/ and the European Trade Union Confederation (CEEP/) /ETUC/ (Dz. Urz. EC L 145 of 19.06.1996),
19) (repealed)
20) of Directive 97 /80/EC of 15 December 1997. concerning the burden of proof in cases of discrimination on grounds of sex (Dz. Urz. EC L 14 of 20.01.1998),
(21) of Directive 98 /24/EC of 7 April 1998 (1). on the protection of the health and safety of workers from the risks related to chemical agents in the workplace (fourteenth individual Directive within the meaning of the Article 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 131 of 05.05.1998),
(22) Directive 99 /70//EC of 28 June 1999. concerning the Framework Agreement on fixedterm work concluded by the European Union of Industrial and Employers ' Confederations (UNICE), the European Centre for Public Companies (CEEP) and the European Trade Union Confederation (CEEP) (ETUC) (Dz. Urz. EC L 175 of 10.07.1999),
(23) Directive 1999 /92/EC of 16 December 1999 ( on minimum requirements for the safety and health protection of workers employed at work stations on which an explosive atmosphere may occur (the 15th individual Directive within the meaning of Article 4) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. 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 in order to cover sectors and activities excluded from that Directive (Dz. Urz. EC L 195 of 01.08.2000),
(25) Directive 2000 /39/EC of 8 June 2000. establishing a first list of indicative limit values for exposure to external factors at work-following the implementation of Council Directive 98 /24/EC on the protection of the health and safety of workers from the risks associated with measures chemical in the workplace (Dz. Urz. EC L 142 of 16.06.2000),
26) of Directive 2000 /43/EC of 29 June 2000 (1). the implementation of the principle of equal treatment of persons irrespective of racial or ethnic origin (Dz. Urz. EC L 180 of 19.07.2000),
27) of 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 4). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 262, 17.10.2000),
28) of Directive 2000 /78/EC of 27 November 2000. establishing a general framework for equal treatment in the field of employment and occupation (Dz. Urz. EC L 303 of 02.12.2000),
(29) Directive 2002 /44/EC of 25 June 2002 (OJ 2002 L 42, p. on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) (sixteenth individual Directive within the meaning of Article 1 of the Regulation) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. 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) (17th individual Directive within the meaning of Article 1). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 42 of 15.02.2003),
31) of Directive 2010 /18/EU of 8 March 2010. on the implementation of the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96 /34/EC (Dz. Urz. EU L 68, 18.03.2010, p. 13).
The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
[ 1] On the basis of the judgment of the Constitutional Court of 4 April 2005. (Journal of Laws No 68 pos. 610) art. 23 1 to the extent to which the Treasury's co-responsibility for the obligations arising from the employment relationship prior to the conversion is disregarded. Fisci statio The Treasury-a health care facility in a separate public health care facility, is inconsistent with art. 32 par. 1 in connection with art. 64 par. 2 of the Constitution. Article 23 1 (a) The extent to which it expired on 25 April 2005.
[ 2] Currently the Minister responsible for Labour, in accordance with art. 4 par. 1, art. 5 points 16 and Art. 21 of the Act of 4 September 1997. about the departments of government administration (Dz. U. of 2016 r. items 543; ost. zm.: Dz.U. z 2016 r. items 1250), which entered into force on 1 April 1999.
[ 3] Expired on 8 October 2012. on the basis of the judgment of the Constitutional Court of 2 October 2012. (Dz. U. Entry 1110).
[ 4] Currently, medicinal plants of medicinal products, on the basis of art. 40 of the Act of 10 June 2016. to amend the Act on medicinal activities and certain other laws (Dz. U. Entry 960), which entered into force 15 July 2016.
[ 5] Currently, the Minister for Education and Education, in accordance with art. 4 par. 1 and Art. 5 points 15 and Art. 20 of the Act of 4 September 1997. about the departments of government administration (Dz. U. of 2016 r. items 543; ost. zm.: Dz.U. z 2016 r. items 1250), which entered into force on 1 April 1999.
[ 6] Currently, the Minister responsible for Health, in accordance with art. 4 par. 1 and Art. 5 points 28 and Art. 33 of the Act, of the Act of 4 September 1997. about the departments of government administration (Dz. U. of 2016 r. items 543; ost. zm.: Dz.U. z 2016 r. items 1250), which entered into force on 1 April 1999.
[ 7] Currently separate organizational units of the relevant district courts, according to art. 2. 2 of the Act of 18 December 1998. on the amendment of the Act-Law on the General Courts of the General Courts (Dz. U. Entry 1064), which entered into force on 1 January 1999.
