Employment contracts 2023. What will change?

Employment contracts will change from 2023. This is due to EU directives to be implemented into national law from January 1, 2023. The biggest changes concern contracts for a trial period and termination of contracts for a specified period.

Employment contracts 2023

In the case of employment contracts for a trial period, their duration will be changed. It will depend on the type of contract employer intends to conclude with the employee after the end of the trial period:

1) The trial period will not be longer than a month if employer after its completion, it intends to conclude a fixed-term employment contract of less than 6 months.

2) For job contract for a period of between 6 and 12 months, the trial period cannot be longer than 2 months.

In both of the above cases, the discussed period may be extended by one month, if it is justified by the type of work performed.

3) If employer will want to conclude a contract for a definite period longer than a year or for an indefinite period, then the trial period will not be longer than 3 months.

– It is worth noting that the legislator refers here to the intention of the employer before hiring an employee. During the trial period, this intention may change due to new circumstances. Verification can therefore be difficult for control authorities. Additionally, in employment contract for the trial period, it will be possible to record extending its duration by vacationillness or other justified absences of an employee – says Mateusz Boguszewski, Chief Accountant at inFakt.

Equating fixed-term and indefinite contracts

An important novelty will also be equating, in many respects, contracts concluded for a definite period to contracts concluded for an indefinite period. – An obligation to justify the termination of a contract for a specified period by the employer will be introduced. Until now, such an obligation occurred only in the case of contracts for an indefinite period – indicates the expert inFakt.

Moreover employer will have to notify the trade union organization of the intention to terminate the employee’s fixed-term contract. Failure to meet any of the above-mentioned obligations will result in the employee being reinstated to work.

Application for changing the form of employment

The amendment also provides for an introduction a new type of application for employees. They will be able to ask the employer to change the form of employment. The only condition that must be met employeeto be able to make such a request is employment over 6 months. – The application may concern a change of the type of contract, e.g. from a fixed to an indefinite period, a change in the type of work performed or the number of full-time jobs. The employee will be able to submit it in both paper and electronic form, but not more often than once a year – explains Mateusz Boguszewski.

Importantly, the employer should, as far as possible, comply with the employee’s request. This means that he will be required to respond to any such request and to justify any refusal. The application for a change in the form of employment may not also result in the termination of the contract with the employee.

More about employment contracts in the section: Contract of employment

If you want to learn more, check out »

Contracts of mandate, contracts for specific work and other civil law contracts from January 1, 2022

Contracts of mandate, contracts for specific work and other civil law contracts from January 1, 2022


Related Articles

Back to top button