Month: May 2020

If employees refuse to wear face masks while performing their duties, the employer has the right to punish them with a fine. In turn, if an employee become infected with COVID-19 in the workplace, the employer bears full legal and financial responsibility for such an event – lawyers warn – attorney-at-law Sławomir Paruch for money.pl

Limiting direct contact between employees or clients to maximum 15 minutes and recording data re: people coming from outside: their names, surnames, phone numbers, and even measuring – with their consent – temperature – is recommended by the Central Institute for Labor Protection. According to experts, these instructions constitute only a guide. They are not binding, however might be helpful in organizing work in the new reality. Robert Stępień and Piotr Kozłowski comment for Prawo.pl

The Polish government has amended categories of foreigners exempt from the entry ban to Poland.

The entry ban currently does not apply to the categories of non-Polish citizens presented below. The changes introduced by last amendment are underlined. The changes are effective from May 21.

1. Spouses of Polish citizens, children of Polish citizens, children remaining under childcare of Polish citizens.

2. Holders of a Pole’s Card (Karta Polaka).

3. Heads of diplomatic missions and members of the mission’s diplomatic and consular staff, i.e. persons possessing diplomatic rank and their family members.

4. Holders of permanent or temporary residence permit.

5. Holders of right to work in the territory of Poland, i.e. foreigners entitled to work on the same terms as Polish citizens, holders of work permits, holders of seasonal work permit and holders of short-term work permit (oświadczenie) provided that they:

a) perform work in Poland or

b) present documents confirming that performing work will be started shortly after crossing the border.

6.  Foreigners who run a means of transport for the transport of persons or goods, and their transit takes place as part of their professional activities consisting
in the transport of goods or the transport of persons.

7.  Drivers performing international road transport or international intermodal transport in transit through Poland to benefit from mandatory rest period in another country.

8. School pupils and university students studying in Poland. Students are eligible to enter Poland regardless of their nationality or if they study part-time or full time.

9. Citizens of members states of EU, European Economic Area or Switzerland travelling through Poland for no longer than for 12 hours to their place of residence. Spouses and children of the foreigners in transit are also eligible to cross border.

10. Other, particularly justified cases (subject to individual decision of the commander of Border Guard post after approval by the Chief Commander of the Polish Border Guard).

Please note that after the change effective from 21 May, family members of foreigner that hold a visa are still not eligible to enter Poland if they do not fit any of the other categories included above.

Currently there is no firm information available about date of lifting the entry ban.

Courts begins its activity after a break. Suspended court periods are also resumed. Moreover, under the new provisions, trials can be conducted remotely or replaced by closed sessions. These and other changes also affect employee matters. Marcin Szlasa-Rokicki and Robert Stępień, attorney-at-law explain for Dziennik Gazeta Prawna.

Article is available here.

Polish authorities adopted new measures concerning status of foreigners in Poland. The changes that are part of Anti-crisis Shield 3.0 reflect a fact that the public offices are preparing their re-opening.

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 & 2.0 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. Countdown of deadline to submit application for registration of stay of EU citizen (90 days since last crossing of Polish border) will be resumed on May 23, 2020.
6. Administrative proceedings are resumed and countdown of any deadlines in immigration cases will resume on May 23, 2020. Immigration Offices are allowed to issue requests for new documents or issue negative decisions starting from May 16, 2020.
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. Same extension applies to residence cards of family members of EU citizens.
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.
11. Work permit exemption for seasonal workers. Eligible seasonal workers are exempt from work permit requirement until 30 days after end of epidemic state, provided that they already held a proper work authorization document after March 13, 2020.
12. Remote submission of visa applications. Citizens of zUkraine, Russia, Belarus, Armenia, Georgia and Moldova will be able to apply for Polish national visas in their countries without personal visit to consulate.
13. Quarantine requirement lifted for employees from EU/EEA. Employees from EU or European Economic Area who travel to Poland in connection with work via internal UE borders will be exempt from the obligatory 14 days of quarantine post entry.
14. Possibility to apply anti-crisis employment measures to foreigners. Special measures made available to employers (ordering home office, unilateral reduction of working time, unilateral reduction of remuneration during stoppage) may be applied to foreigners without triggering non-compliance with immigration law.

This May, Karolina Kanclerz, attorney at law, and her Team joins forces with Paruch Chruściel Schiffter (PCS) as a Partner running the Wrocław Office.

PCS’ presence in Wrocław is a well-awaited response to the growing demand from Clients in Wrocław and the whole Dolnośląskie region. Karolina, the other PCS Partners and their teams’ combined experience, as well as an extended PCS structure create a unique opportunity for PCS Clients to get assistance at the local level in a Wrocław office.

Karolina has been providing legal services to Clients from Wrocław and the Dolnośląskie region for many years. Clients and PCS Partners really value Karolina’s success in combining interdisciplinary experience with a business-like attitude to managed cases. She provides comprehensive support in HR and compliance matters, including restructuring, hiring and dismissal at the senior level. Thanks to her long experience in litigation, Karolina can smoothly navigate Clients through workplace bullying and discrimination investigation procedure.

“Paying heed to our Clients’ requests, we decided to open yet another, fifth, PSC office. The choice of location was by no means accidental. We provide legal advice to numerous Clients from Wrocław and Dolnośląskie region on a day-to-day basis. We are overjoyed that a leading specialist in employment law, who thoroughly knows and understands the nature and needs of local businesses, will head the Wrocław office. A telling fact is that all current PCS Partners have worked with Karolina for many years. It appears that our professional paths have parted for a few years only to meet up again to build PCS together.” – says Sławomir Paruch, a founding PCS Partner.

For many years Karolina has been associated with Sołtysiński Kawecki & Szlęzak, where she has had the opportunity to work with all PCS Partners.

Paruch Chruściel Schiffter is currently the largest Polish HR law firm specializing in everything to do with HR and employment law, including hiring and dismissal, global mobility and immigration, remuneration and bonus schemes, compliance, Company Social Benefits Fund, the Social Insurance Institution, litigation, restructuring, motivation and loyalty programmes, work time, retirement schemes, employee savings and retirement plans, personal data protection.

The four founding partners of PCS are: Sławomir Paruch, attorney at law; Karolina Schiffter, advocate; Łukasz Chruściel, attorney at law; and Robert Stępień, attorney at law. PCS’ team consists of approx. 50 experienced lawyers, immigration consultants and administrative support. The firm has its offices in five cities: Warszawa, Katowice, Kraków, Poznań and now Wrocław, but plans further expansion to accommodate all of their Client’ needs.

WATCH WROCLAW WITH US.

Contractors have a problem with stoppage allowances applications submitted in May. They do not know what income they should write down if they did not earn anything in April. Following opinions of experts, the main goal of indicating income in applications is to help to determine the amount of the allowance and does not affect the right to this benefit. Writing down “0” does not prevent the chance to receive allowance. However, the decision to grant stoppage allowances in a particular case depends on the interpretation made by ZUS. Robert Stępień, attorney-at-law comments for prawo.pl.

Article is available here.

A good incentive system should be simple, legible, understandable to everyone and first of all consistent with the law. The very idea of ​​a sales motivating system is just the beginning of the road to its implementation.

The employer must remember that various bonuses and benefits offered to traders must be consistent with labour law. Sandra Szybak-Bizacka and Maria Boczek explain for Personel Plus.

Even regular arrivals to Poland to perform professional duties as a contractor or an employee will not result in the third-country national being covered by the Polish social security system if they are short-term and temporary. – Kinga Polewka, legal trainee comments for IUS FOCUS.

Article is available here.

American solutions

What is the suspension of an employment contract?

The problem is that the Polish Labor Code does not provide for the concept of “temporary dismissal” or “suspended employment relationship”. This solution has its origins in Anglo-Saxon law. It is currently used by Americans in connection with Covid-19. – Furlough means a concept of forced unpaid leave or temporary dismissal, initiated by the employer for economic reasons – explains attorney-at-law and labor law expert Sławomir Paruch from the PCS law firm.

 

Article is available here.