Work regulations - check what it should contain
Work regulations are an internal source of labor law, which means that the provisions contained therein may constitute the basis for employee claims, but on the other hand, they also give the employer the basis for drawing legal consequences of not complying with the provisions contained therein. The regulations may not contain provisions less favorable to the employee than generally applicable legal acts. If it happens that the employer includes provisions unfavorable to employees in the work regulations, they will not have legal significance. Provisions that are less favorable cannot be applied.
When is the employer obliged to issue work regulations?
The employer introduces work regulations when employing more than 50 employees. Please note that part-time employees are also included in this figure. However, if the employer employs fewer than 50 employees, he is obliged to provide the employees with the information listed in Art. 29 § 3 of the Labor Code (LC), which may take place by indicating in writing the relevant provisions of the labor law, Art. 29 § 31 et seq. Of the Labor Code
It should be mentioned here that in a workplace where there is no obligation to introduce work regulations, the elements of the organization and order of work, including the method of confirming presence at work, are determined on the basis of the employer's instructions. This is the result of the judgment of the Supreme Court of February 7, 2007, I PK 221/06. The employer's order may take the form of a notice referred to in Art. 150 § 1 of the Labor Code.
What should the work regulations contain?
Art. 1041 par. 1 of the Labor Code indicates, for example, what should be contained in the work regulations. The catalog of these obligations is open, which means that the employer, including the provisions of this article, can freely shape its content, remembering that the provisions contained therein are not less favorable than the generally applicable provisions.
Pursuant to the provisions, the work regulations should lay down in particular:
organization of work, conditions of staying on the premises of the workplace during and after work, equipping employees with tools and materials, as well as working clothes and footwear as well as personal protective equipment and personal hygiene,
working time systems and schedules as well as adopted working time settlement periods,
date, place, time and frequency of payment of remuneration,
lists of jobs forbidden to juvenile workers and women,
types of work and a list of workstations allowed for juvenile workers to undergo apprenticeship,
list of light work allowed for juvenile workers employed for purposes other than vocational training,
obligations regarding occupational health and safety and fire protection, including the method of informing employees about the occupational risk related to the work performed,
the method adopted by the employer for confirming the arrival and presence at work and justifying the absence from work.
Additionally, the legislator in Art. 1041 par. 1 of the Labor Code imposed an obligation on employers according to which the regulations should contain information on penalties applied in accordance with Art. 108 for liability of order. Failure to include information on order penalties in the regulations constitutes a breach of the provision of § 2, however, it does not affect the employer's ability to apply these penalties. It can at best be relevant to the assessment of the employee's guilt.
Can the employer introduce work regulations himself?
If a given employer operates a trade union organization, the employer, in consultation with it, determines the content of the work regulations, which means obtaining its consent to the provisions contained in the draft regulations prepared by the employer. In the event that the trade union organization is against issuing the regulations, it will refuse not only to conclude them, but also to jointly agree on the content within an appropriate deadline predetermined by the parties, and if this deadline has not been established, in accordance with Art. 30 sec. 5 of the Act on Trade Unions, within 30 days from the submission of the draft regulations of a trade union organization, the employer himself determines the regulations, and if an agreement is reached with the trade union organization operating there, he issues regulations, indicating that it is agreed with the trade unions. In this case, the regulations become a bilateral act, an agreement concluded between the employer and the trade union organization. Lack of consent from trade unions means that the employer himself determines the regulations.
If there are several professional organizations in the workplace, the employer is obliged to comply with the rules resulting from the act on trade unions (Journal of Laws 1991 No. 55 item 234).
From when do the work regulations apply?
Pursuant to Art. 1043 par. 1, the work regulations enter into force after 2 weeks from the date of informing employees, in the manner adopted by a given employer, which means that the employer should make the document available to all employees so that everyone has the opportunity to read it. It can be sent by e-mail, either via an announcement or in paper form, printed and made available for inspection, e.g. in the human resources department. The employee is obliged to read the content of the regulations and confirm this fact with a written statement submitted to his personal files.