Monitor Prawa Pracy
no. 3/2022
Projected time off from work on the grounds of force majeure in the perspective of implementation of Directive 2019/1158 to the Polish legal system
DOI: 10.32027/MOPR.22.3.2
Abstract
The subject of this study is the analysis of the institution of time off from work on the grounds of force majeure in the view of implementation of Directive 2019/1158. In reference to implementation deadline of 2 August 2022, a proposal for an act amending the Labor Code and certain other acts has been published, which in the projected Article 1481 of the Labor Code provides for additional 2 days or 16 hours of time off from work on the grounds of force majeure. The purpose of the article is to analyze the main premises for granting the time off, including the notion of force majeure in the light of provisions of Polish and EU law, as well as to discuss constructive elements of the proposed regulation and to confront it with the already known short-term time off from work: leave on demand and days off for childcare. This study is based on the legal status as of 22 July 2022.
Keywords
work-life balance directive, directive 2019/1158, time off from work on grounds of force majeure, force majeure