Despite being introduced nearly three years ago, employers in Poland continue to struggle with implementing “force majeure” leave provisions due to vague legal definitions.
Challenges with Defining Key Terms
Employers are encountering difficulties with concepts such as “force majeure,” “urgent family matters,” “illness or accident,” and “necessary immediate presence of the employee.” The lack of clear definitions in regulations complicates decision-making regarding qualifying events for this type of leave.
Ministry Monitoring, No Immediate Legislative Action
The Ministry of Family, Labour and Social Policy is monitoring the application of labor laws, but currently does not believe the difficulties are systemic. Consequently, the Ministry does not plan any immediate legislative intervention regarding Article 148¹ of the Labour Code, which governs “force majeure” leave, despite calls from employers and experts for a review of its practical application.
Interpretation of “Force Majeure”
When asked about interpreting the definition of “force majeure,” the Ministry stated it is not authorized to establish a universally binding interpretation of labor law provisions or to resolve specific factual situations. Legal opinions issued by the Ministry are not binding on parties to an employment relationship, the State Labour Inspectorate, or courts.
Existing Legal Framework
The Ministry emphasizes that the concept of “force majeure” is not new to the Polish legal system, being well-established in legal doctrine and case law. Traditionally, it refers to an external, sudden, unforeseeable, and unavoidable event. The term also appears in other legal acts, including the Civil Code.
Examples include Article 121, point 4 of the Civil Code, which suspends the statute of limitations in the event of force majeure, and Article 435 § 1 of the Civil Code, which cites force majeure as a condition for excluding the liability of an entrepreneur.
Application to Employment Relationships
The use of the term in labor law is a conscious application of an established legal construct with a uniformly understood meaning. Article 148¹ of the Labour Code further specifies the scope of application, relating it to urgent family matters caused by illness or accident requiring the employee’s immediate presence.
Conditions for Granting Leave
Employees are entitled to leave due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary. To qualify, all conditions must be met.
The provision does not grant the right to leave in all cases of accident or illness, but only when they occur in a family context, are urgent, and require the immediate presence of the employee, preventing them from being available to the employer.
The definition of “family matters” should be interpreted broadly, as a closed catalog of applicable cases cannot be established. Family matters relate to the employee’s private life and overall situation. However, the matter must be urgent and caused by illness or accident requiring immediate and necessary presence.
If the conditions are not met based on information provided by the employee, the employer may refuse the leave.
