Lifting of the state of epidemic emergency in Poland

The government plans to revoke the state of epidemic emergency on 30 June 2023. The revocation of the state of epidemic emergency will result in the abolition of special solutions related to this state on the territory of the Republic of Poland.

Below, we present the provisions that have been amended, inter alia, by the Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them and the Act of 16 April 2020 on special support instruments in connection with the spread of the SARS-CoV-2 virus, and which will be back in force.

Restoration of the obligation to carry out periodic health and safety examinations and trainings

As of 1 July 2023, the obligation under the provisions of Article 229 of the Labour Code, according to which employers and employees are obliged to perform periodic examinations and examinations prior to the commencement of work, as well as the obligation to conduct periodic training on occupational health and safety, will be reinstated.

Accordingly, employers and employees will have:

• 180 days – from the date of cancellation of the epidemic emergency, in the event that an epidemic condition is not declared – to carry out the suspended occupational health duties
• 60 days – from the date of cancellation of the epidemic emergency, in the event that an epidemic is not declared – to carry out periodic training in occupational health and safety.

It should be noted, however, that with regard to the latter deadline, an extension of one month has been requested due to the organizational difficulties arising from the fulfilment of this obligation.

Other obligations or changes that will be put into force again or are influenced by the revocation of the epidemic emergency include the following:

• the possibility to grant to an employee, at a point of time indicated by the employer, without obtaining the employee’s consent and bypassing the holiday plan, up to 30 days of unused holiday leave by the employee in previous calendar years, and the employee is obliged to use such leave
• limitation of the amount of severance pay, compensation, or other cash benefits provided for in the event of termination of the employment relationship
• suspension of the employer’s obligations relating to the creation or operation of the Social Fund, basic write-offs and payment of holiday leave benefits
• the possibility to terminate a non-competition agreement of the employment relationship in force after the termination of the employment relationship, an agency agreement, a mandate agreement, another agreement for the provision of services to which, pursuant to the Act of 23 April 1964. — Civil Code, the provisions on mandate or a contract for specific work apply and to which a non-competitive activity ban has been established (Article 15gf).

Restoration of the fiction of shipping delivery service

As of 1 July 2023, the fiction of shipping delivery service will be reinstated. This means that uncollected letters subject to delivery by acknowledgement of receipt by a postal operator within the meaning of the Act of 23 November 2012 Postal Law, whose receipt date is specified in the letter delivery notice with information on the possibility to collect it, will be deemed to have been delivered upon the expiry of 14 days from the first aviso.

Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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