Article

23 August 2013 was the date of entry into force of amendments to the Labour Code and to the Trade Union Act which may be of significance to a great number of economic operators.

The new rules introduce certain solutions which allow the parties to an employment relationship to create a more flexible organisation of working time. The main amendments concern two issues: introducing a longer working time reference period and a new institution – the so-called flexitime.

Thus, the new provisions allow to extend the reference period to 12 months, in any working time arrangement, where it is justified by objective or technical reasons and the general rules on health and safety at work are maintained. Extending the reference period to a maximum of 12 months will be possible: (1) in a collective bargaining agreement or in an agreement with the company trade unions, and where such an agreement has not been arrived at with all the company trade union organisations, the employer will be able to reach such an agreement with representative trade union organisations within the meaning of Article 24125a of the Labour Code, or (2) in an agreement concluded with representatives of the staff selected in the procedure in use at the establishment of a given employer – where there are no trade union organisations active at the establishment of that employer. The reference periods introduced prior to the date of entry into force of the amended act on the basis of the previous wording of the relevant provisions will cease to be effective after the expiry of their respective terms.

The other important ‘novelty’ is regulating the institution of the so-called flexitime, i.e. a working time arrangement where the employee finishes and starts his or her working day within a period agreed with the employer. In such a working time arrangement, starting work within the same twenty-four hours will not be treated as overtime work. The application of flexitime may be twofold: (1) the work schedule may specify various start times on days which under that work schedule are working days for the employees, (2) the work schedule may specify a period where the employee decides at what time he or she starts work on the day which under that work schedule is a working day for the employee.

In addition, the new rules regulate creating work schedules which may be drawn up in writing or electronically, for a period shorter than the reference period but not shorter than one month. The employer must provide the employee with a work schedule at least one week prior to the start of work in the period covered by the schedule concerned. However, in accordance with added Article 129 § 4 of the Labour Code, the employer is not obliged to prepare a work schedule where: (a) the work schedule of the employee follows from labour law, a notice or the employment contract, (b) in agreement with the employee, the employer specifies the time needed for the performance of the employee’s duties, taking into account the working time resulting from the working time standards; in such a case, the work schedule is established by the employee, (c) at the employee’s written request, the employer applies to the former work schedules referred to in Article 1401 of the Labour Code (flexitime), (d) at the employee’s written request, the employer establishes an individual work schedule. Where in a given month, on account of the work schedule in the adopted reference period, the employee is not obliged to work, he or she is entitled to a remuneration not lower than the minimum wage. In the case of an employee working on a part-time basis, the above remuneration is determined in proportion to that working time.

Another important thing is the new rule that the time for recovery of the leave for personal errands granted to the employee at his or her written request is not treated as overtime work; simultaneously, such recovery of the leave must not violate the employee’s right to uninterrupted daily and weekly rest.

In specific cases, the new regulations may allow the employers to make the working time of employees more flexible. The possibility of or the grounds for applying the new solutions should be preceded by an analysis of the employer’s needs and subsequently, if relevant changes are intended, it may be necessary to modify the employer’s internal regulations or even the employment contracts.