Repeal of the state of epidemic emergency from 1 July 2023. Implications for employers
On 16 June 2023, the Regulation of the Minister of Health on repealing the state of epidemic emergency in the Republic of Poland was published in the Journal of Laws.
The Regulation repeals the state of epidemic emergency from 1 July 2023. This repeal will mark the end of some rules that were introduced in connection with the SARS-CoV-2 epidemic.
Until 30 June 2023, employers will be allowed to grant employees up to 30 days of their unused annual leave without requiring the employee’s consent and regardless of what is recorded in the employee’s work holiday schedule.
Occupational health examinations
From 1 July 2023, it will again be compulsory to carry out certain occupational health examinations. This applies to:
- periodic occupational health examinations;
- examining employees who are exposed to harmful agents;
- examining drivers in accordance with the Road Transport Act.
These examinations and occupational health examinations which (according to COVID-19 temporary regulations) have been performed by a doctor with a speciality other than occupational health. They must be completed within 180 days after the state of epidemic emergency is repealed.
Occupational health and safety training
From 1 July 2023, it will no longer be possible to remotely conduct initial health and safety training. An exception applies to employees in administrative and office positions who agreed to work remotely when concluding their employment contracts.
Employers should conduct periodic health and safety trainings which expired during the epidemic, the state of epidemic emergency or 30 days following their repeal. The deadline for completing such training is 60 days after the repeal of the state of epidemic emergency.
Termination of non-competition agreements
Only until 30 June 2023 are companies entitled to terminate non-competition agreements which apply after the termination of employment (in both employment and civil law contracts). After this date, only such agreements as expressly provide for early termination will be terminable.
End of extensions concerning lawful residency and employment of foreigners
On 31 July 2023, extended titles regarding lawful residence and employment in Poland will expire.
By this date, companies and foreigners should submit appropriate applications to extend the duration of a foreigner’s lawful residence and employment in Poland.
This does not apply to citizens of Ukraine, whose status is regulated by separate regulations.