Month: June 2020

Limitation of international flights in Poland has been extended until June 16, following new regulation published on June 5.

An exception applicable to chartered flights remains unchanged – inbound charter flights of small planes of up to 15 passenger seats are allowed if they only carry persons eligible to cross Polish border (i.e. Polish nationals and limited categories of foreigners).

Restrictions on crossing Polish border are currently foreseen until June 12. Extension depends on coronavirus situation in Poland and is possible to be announced last-minute.

Categories of foreigners eligible to cross Polish border remain unchanged – in particular, foreigners with dependent visas who do not work in Poland remain ineligible. Quarantine rules remain unchanged – currently, majority of inbound travellers is still subject to 14 days obligatory quarantine.

Restrictions on domestic flights in Poland were lifted on June 1.

Employers are not always aware that it is worth applying for a new document or changing a previous one at the current moment. There are also doubts in relations to annexing employment contracts with foreigners – Karolina Schiffter for Dziennika Gazety Prawnej.

Article is available here.

On June 4, 2020, The ‘Anti-crisis Shield 4.0.’ approved by Sejm

The most important changes refers to the possibility of obtaining remuneration subsidies for employees who are not covered by economic stoppage or reduced working time; clarifying the rules for performing remote work or to the possibility of unilaterally granting up to 30 days of overdue leave.

In addition, the new Act: allows employers for termination of non-competition agreement binding after termination of employment with a 7-day notice; limits the amount of severance allowance up to 10 times the minimum salary and envisages the possibility of suspending the social fund or reducing the payment for social fund.

See more details below.

1. Employer who has experienced a decrease in economic turnover can apply for co-financing of remuneration for employees who are not covered by economic stoppage or reduced working time.

2. The rules for performing remote work have been clarified:

a) employees can work remotely if they have sufficient technical and housing conditions to perform work in such a way;
b) the employer should provide the resources, materials and logistics services necessary to perform remote work;
c) employees may use their own resources provided that the security of information and personal data is ensured;
d) employees performing remote work keep a record of activities performed according to the employer’s instructions.

3. During the period of the epidemic / emergency status, employer has the right to terminate non-competition agreement binding after the employment relationship with a 7-day notice period. It refers also to non-competition agreement binding after termination of mandate contract, service contract or contract for specific work.

4. The employer is entitled to introduce economic stoppage/reduce working time up  to 20% (no more than 0.5 full-time) regardless the decrease in turnover:

a) no specific % decrease in turnover is required (unless the employer wants to apply for a remuneration subsidy);
b) condition for using the abovementioned solutions is the increase in costs of remunerations in relation to the revenues from sale of goods or services;
c) the maximum period of using this solution is up to 12 months from the end of the epidemic;
d) an agreement with trade unions or employee representatives is required.

5. During the period of the epidemic / emergency status, the employer may unilaterally grant employee up to 30 days of overdue annual leave.

6. During the period of the epidemic / emergency status, provided that the employer has a % decrease in turnover or an increase in the cost of remuneration within the meaning of the Act:

a) the amount of severance allowance and other benefits due to termination of employment is limited to 10 times the minimum remuneration;
b) employer may suspend the obligation to create social fund and make deductions as well as the obligation to pay holiday benefits;
c) operation of other funds or fulfill social and living obligations (excluding conditions of employment contracts) and apply the statutory amount of payment for social fund are suspended.

7. Reduction of daily and weekly rest, introduction of equivalent working time system and a settlement period extended to maximum 12 months or application of less favorable employment conditions than those resulting from employment contracts is possible not only in the event of a decrease in turnover by %, but also in the event of the increase in remuneration costs in relation to revenues, as defined in the Act.

8. Inspections at the entrepreneur – with the entrepreneur’s consent  inspection activities may be carried out via a postal operator or electronic means of communication.

Employers will be able to reduce working time without decrease in turnover, assuming that they do not apply for a remuneration subsidy. Moreover, eentrepreneurs would be entitled to receive subsidies even if their employees work full-time. – Robert Stępień, attorney-at-law comments for Dziennik Gazeta Prawna.

Article is available here.

Readers inform that ZUS issues negative decisions in such cases, because in its opinion the entrepreneur is subject to social insurance under two separate legal titles. Not only experts but also ministry of labor have the opposite opinion – Łukasz Chruściel, attorney-at-law for Dziennik Gazeta Prawna.

Article is available here.

– It can be argued that since employers undertook to pay benefits higher than the above-mentioned limit, they should pay them in a fixed amount. However, the economic situation has changed significantly and the new restriction is being introduced just to simplify the functioning of companies affected by these changes. In my opinion, the limit provided in the new shield should apply to all benefits specified in internal company regulations or at least those introduced before Shield 4.0 entered into force.- Robert Stępień, attorney-at-law and partner in law office PCS Paruch Chruściel Schiffter for Dziennik Gazeta Prawna.

Article is available here.

„The Littler name is synonymous with quality client service and unmatched experience in labor and employment law. The firm has an excellent reputation in Europe for bringing significant value to companies on local and international employment law matters.” –  Sławomir Paruch said in a statement for law.com.

Article is available here.

Moving an employee to another department or the assignment new tasks do not require notice of termination amending the contract of employment, if they fall into the type of the agreed work – Karolina Kanclerz, attorney-at-law comments for Rzeczpospolita.

Article is available here.

Employees disobey the performance of tasks commissioned by employers because of the coronavirus. According to lawyers, a number of refusals are unfounded, but sanctions are often not an option either. – Łukasz Chruściel, attorney-at-law comments for Dziennik Gazeta Prawna.

Article is available here.