WORK-LIFE BALANCE IN POLAND BEFORE AND AFTER THE IMPLEMENTATION OF DIRECTIVE 2019/1158. COULD WE HAVE DONE MORE?
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Abstract
The article aims to briefly highlight the historical background of the evolution of work-life balance regulations in Poland and outline recent legislative changes to the Labour Code in response to the implementation of Directive (EU) 2019/1158. This directive, in particular, seeks to improve employment conditions for women, who often spend significantly more time on unpaid caregiving responsibilities than on paid work, making it extremely challenging to balance work and family duties. Some of the new provisions, such as those concerning flexible working arrangements and the use of parental leave after maternity leave, should be assessed positively. However, there are drawbacks, including the relatively low maternity allowance for the non-transferable portion of parental leave, the unpaid nature of carers’ leave, and the setting of annual limits for carers’ leave, detaching this right from a specific case or person in need. Additionally, the lack of a clear definition of “force majeure” in relation to time off may create difficulties in applying the regulation and could potentially lead to abuses by both employees and employers. The authors attempt to assess the Directive’s impact on improving the reconciliation of professional and family life for employees, concluding that the Polish legislator could undoubtedly take further steps to ensure that working parents can more easily balance their professional and personal lives.
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