At the last session of the Sejm MPs voted for the amendment, according to which an employer should confirm in writing the arrangements for the parties to the contract, its type and conditions before allowing the employee to start work. - This solution is much more restrictive than the provisions of the EU directive and the regulations in force in other EU countries - says Violetta Żukowska, expert of Employers of Poland.
The amendment to the Act proposed by MPs of Law and Justice (Prawo i Sprawiedliwość) may raise questions as to its interpretation because the new wording of the relevant provision does not indicate a precise deadline for the confirmation. In addition, there is a risk that it will make the process of hiring employees longer due to administrative and organizational issues linked with completing personnel records. The existing regulation is more rational and does not need to be changed.
It is also unlikely that the proposed amendment will, as its authors expect, eliminate the phenomenon of illegal employment. To tackle this problem we need not so much legislative changes in the requirements of formal employment but above all reductions in non-wage labour costs and other burdens. It is the only effective way to reduce the shadow economy, ergo - to stimulate an increase in legal employment.
Council Directive of 14th October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship provides for up to two months to confirm the conditions of employment in writing. And it is two months in the UK and one month in Sweden, Germany, and Italy.
Wioletta Żukowska, expert of the Employers of Poland