By Decree of the Council of Ministers No 95 of 18.05.2017 amending and supplementing the Ordinance on working time, breaks and leave, it is envisaged to extend the circle of persons entitled to paid leave due to a pregnancy, childbirth and adoption and leave in case of death or serious illness of a parent. These come into force on 1 June 2017, together with the latest amendments and supplements to Art. 163 of the Labor Code.
Amendments to take effect from 1 January 2018
The government approves changes to the rules on working time, breaks and paid leave, by regulating the terms and conditions for drawing up schedules for summarized calculation of working time. Amendments to take effect from 1 January 2018 introduce requirements for the timetables and for the circumstances in which they change. Work schedules for the period for which the summarized calculation is established must be kept for at least 3 years after the end of the period.
The employer shall inform the employees about schedules approved before commencing work. During the period for which the summarized calculation is established, the approved personalized schedules are to be changed by the employer in the event of a change in the number of employees or other circumstances under which they are validated. Named schedules shall be drawn up so that the sum of the hours provided as per the employee’s timetable for the period for which the summarized calculation is established shall be equal to the standard amount of working time.
Where night work takes place, the sum of the working hours on the schedule of the employee shall be calculated after the conversion of the night hours into daytime for the shift of 4 and more than 4 hours of night work with the coefficient under Art. 9, para. 2 of the Ordinance on the Structure and Organization of Wages. Turning night hours into daytime is not done when reduced working hours are set for the workplace as well as when the labor agreement is concluded for night work only.
In the case of a summarized calculation of the working time (weekly, monthly, or for another calendar period, which may not be longer than 6 months), a norm for the working time of the period is determined. The norm is set in hours, with the number of calendar days worked in the reporting period multiplied by the daily working time established for the workplace when the working time is taken into account.
Where an employee has been on leave during the whole or part of the period for which a summarized calculation of working time has been established, the working time norm is recalculated as from the number of working days per calendar, the corresponding days of paid leave permitted in working days in the calendar, and the corresponding part of the leave granted in calendar days coinciding with the working days in a calendar.
Where, at the end of the period for which a summarized calculation of the working time is established, the hours worked by the employee are less than the hours prescribed, for the fewer hours, the employee is in default not by his fault, except in the case of guilty failure of the employee to work.
Where the employment relationship is terminated before the expiry of the period for which a summarized calculation of the working time is established and the hours worked by the employee are less than the fixed hours, for the period up to the date of termination, he / she is considered to be in default not by his / her own fault, except in cases of guilty failure to work.
The hours worked, which at the end of the period for which a summarized calculation of the working time is established, are more than the determined hours, are accounted as overtime pursuant of Art. 149 from the Labor Code before the Labor Inspectorate without turning the night hours into daytime.