Assuming that solutions from the anti-crisis shield can not be applied to foreigners would result in violating fundamental rules of law. In addition, the company risks losing the right to salaries’ reimbursement and discrimination claims by reducing working hours only for Poles. – Karolina Schiffter, comments for Rzeczpospolita
Article is available here.
Can labour law provisions be suspended without consent of employees’ representatives when they cannot be elected? – Robert Stępień and Michał Bodziony answer for Dziennik Gazeta Prawna.
Article is available here.
Remote work, and in particular home office has become more and more popular in recent years. The outbreak of the coronavirus and the related need to organize the working process outside the permanent workplace have strengthened this trend. A notable symptom is that the concept of remote work (not telecommuting) first appeared in the regulations – Sławomir Paruch and Michał Bodziony comment on the topic.
Can working hours be reduced by more than 20 percent based on the law provisions issued for the period of epidemic? Robert Stępień and Michał Bodziony answer for Dziennik Gazeta Prawna.
Article is available here.
Among our employees there are persons covered by special protection (e.g. pregnant women, people in the preretirement age). Are we allowed to worsen the employment conditions of these employees in the current situation? – Robert Stępień and Michał Bodziony comment for The Dziennik Gazeta Prawna.
Article is available here.
An employee who does not work any hour in a given month can earn more than their colleague who performs duties by four days a week. If an employer proves objective reasons for covering particular employees with economic stoppage and the other ones with reduced working time, there is no risk of discrimination claims.- Robert Stępień comments for Dziennik Gazeta Prawna.
Article is available here.
The amended Anti-crisis Shield includes changes aimed to further protect employers and foreigners against illegal stay or loss of right to work in Poland.
The following measures concerning right to work and stay of foreigners in Poland are currently in place after the amendment (changes as opposed to Anti-crisis Shield 1.0 are underlined):
(1) Automatic extension of Work Permits and statements about entrusting work to foreigner – permits that expire during epidemic will be automatically prolonged until 30 days after end of epidemic state.
(2) Polish National visas and Polish residence permits that expire during epidemic state will be automatically prolonged until 30 days after end of epidemic state.
(3) Foreigners who stay in Poland on the basis of documents other than Polish national visa or Polish Residence Permit also benefit from automatic extension of their stay provided that they were already staying in Poland on March 14, 2020.
(4) Foreigners who currently stay in Poland on the basis of documents other than Polish national visa or Polish Residence Permit and did not stay in Poland on March 14, 2020, will also be able to continue their stay in Poland past expiry of the document. However, they have to submit an appropriate application within 30 days from the end of epidemic state to benefit from extension.
(5) Extension of deadline to submit registration of stay of EU citizen. Deadline to submit application (90 days since last crossing of Polish border) is suspended for the period of epidemic state.
(6) Administrative proceedings are put on hold and any deadlines in immigration cases are suspended. Immigration Office can still issue a decision during period of suspension if application is complete and does not require any clarifications or amendments.
(7) Extension of time to leave Poland for foreigners who received a formal obligation to leave is introduced until 30 days after end of epidemic state.
(8) Automatic extension of documents confirming status of foreigners such as temporary statements of identity of asylum seekers and Pole Cards (Karta Polaka).
(9) Polish plastic identity cards (residence cards, Karta Pobytu) that expire during epidemic state will be automatically prolonged until 30 days after end of epidemic state.
(10) Facilitation of communication during pending processes. As a temporary measure, Immigration offices will have right to deliver letters to applicants electronically or substitute a mandatory personal visit to the office with a videochat.
The anti-crisis shield has introduced many solutions beneficial for employers, but unfortunately it also has been used to smuggle amendments that have little to do with combating the crisis. Particularly severe, at least for some companies, may be amendments made to the social security system – Łukasz Chruściel, attorney-at-law comments for Dziennik Gazeta Prawna.
Article is available here.
Łukasz Chruściel has been recommended in WWL Thought Leaders: Labour & Employment 2020.
More infromation here.
The Anti-crisis Shield protects employers and foreigners against illegal stay or loss of right to work in Poland due to closure of public offices in Poland.
The following measures have been introduced:
The above measures may be extended – the government is working on supplementing the rules adopted so far, also with regard to measures concerning foreigners.