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Certain employers introduce internal regulations and procedures, such as Work Regulations, Remuneration Regulations, Remote Work Regulations or Regulations of the Employee Benefits Fund based on statutory obligations applicable to them. Others decide to introduce such regulations voluntarily, despite the lack of an obligation in this respect. Still, any employer who has the above regulations in place in its organization is required to maintain them in compliance with the applicable laws. Internal documents are subject to verification by the National Labour Inspectorate during inspections. The beginning of the year is a good time to conduct a thorough review of internal regulations to spot the areas that require an update.

Internal regulations

Internal regulations constitute autonomous sources of labour law. They define relations between the employer and the employees at a certain working establishment. As a rule, an obligation to implement internal regulations rests with employers who are not covered with a collective bargaining agreement and employ at least 50 employees, as well as those that employ at least 20 but less than 50 employees and the company trade union organization requests implementation of the said instruments. Internal regulations, irrespective of the mode or obligation of their introduction, should be transparent and comprehensible for the employees, and above all – consistent with the applicable laws. It is the employer’s responsibility to ensure regulatory compliance and adjust internal regulations to the constantly changing legal environment.

Examples of internal regulations

Work Regulations

Remuneration Regulations

Bonus Regulations

Remote Work Regulations

Regulations for the use of work tools

Training policy

Procedure for reporting breaches of the law (irregularities)

Regulations of the Company Social Benefits Fund

Anti-mobbing procedures/policies (policies for counteracting undesirable behaviours)

Changes to the labour law

The year 2023 has seen numerous significant amendments to the labour that directly affect the performance of work by the employees. (“Most vital 2023 labour law changes in Poland”). The said changes are vital also for employers as they instigate an adjustment of internal regulations to amended provisions.

Establishing the rules for remote work, implementing the work-life balance directive, new regulations governing alcohol testing at work, updating health and safety requirements are just some of the regulations that may affect the workplace internal regulations. The number and the nature of new provisions make updating the company internal regulations a complex activity.

The coming year 2024 is expected to bring further changes to the regulations, which may require the employers to take further adaptative measures in this area.

Eliminating the risk of non-compliance

Due to numerous changes in the labour law regulations, employers should monitor respective laws on an ongoing basis and regularly review internal regulations in force at their working establishments. Such an approach will enable an efficient identification of areas that require adjustment.

The National Labour Inspectorate was imposed with an obligation to verify the observance of new provisions introduced in the Labour Code, including in particular the employees’ parenthood-related rights as well as those referring to the employment relationship or remote work, which significantly differ from the regulations in force so far.

Taking into account the National Labour Inspectorate’s plan to carry out in 2024 as many as 60,000 inspections covering the above-mentioned matters, it is vital to properly verify internal acts of the organization in terms of their regulatory compliance. Such actions will significantly reduce the risks of being imposed fines during a possible inspection carried out at an employing establishment.

How can we be of help?

KPMG Law Poland offers comprehensive support in a development and implementation of internal regulations, and in a review of existing procedures, regulations and other internal documents as to their compliance with currently applicable laws.

KPMG Law Poland also represents employers in proceedings conducted by the National Labour Inspectorate. You are kindly invited to contact the Employment Law Practice Team to be provided with the required support.

See also