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A new definition of an employee in the draft amendment to the Polish Labor Code

In April 2021, a draft amendment to the Labor Code was adopted for deliberation by the Sejm of the Republic of Poland, the adoption of which will mean a revolution in Polish labor law.

The project changes the definition of an employee. Employees would also be considered to be persons employed under a mandate contract if the contract is performed in person for a period of at least 6 months, for at least ½ full-time employment.

The aim of the changes to the Labor Code is to grant persons employed on a mandate contract leave entitlements that only persons employed under a contract of employment currently have.

In practice, however, the change in the definition of an employee may mean that all labor law provisions will have to be applied to persons employed under a mandate contract, including those relating to working time, terms of terminating contracts, entitlement to severance pay, etc.

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