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Amendment of the regulation on personnel documentation

by Maciej Ogórek

17 May 2023

The Regulation of the Minister of Family and Social Policy of 9 May 2023 amending the regulation on personnel documentation has been published in the Journal of Laws.

The amendment follows from the most recent changes to the Labour Code according to which employees are granted additional rights, in particular parental rights at work.

The amending regulation adds documents that must be included in personnel documentation. Part B of personnel documentation is to include additionally:

the employee's request for a change of the employment contract to indefinite employment contract or for ensuring more transparent and safe terms and conditions of work, and the employer's reply to that request;
the employee's request for the reason for terminating the employment contract for a probationary period by notice or for taking measures having equivalent effect to termination of the employment contract, and the employer's reply to that request;
documents related to a flexible working arrangement.

The legislator has also extended the list of documents that the employer must keep for every employee referred to in § 6(1)(b) of the Regulation. The documentation will have to include additionally:

the request for time off work due to force majeure (Article 1481 of the Labour Code);
the request for carers' leave (Article 173(1) of the Labour Code).

The regulation was promulgated in the Journal of Laws on 9 May and enters into force 7 days after the promulgation.

Do you want to know more about the amendments to the Labour Code and the employers' and employees' new obligations? You are welcome to contact us.

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Maciej Ogórek

Attorney at law (Poland)

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