Employers who want to take advantage of the new wage subsidies must be prepared for such severe consequences. Meanwhile, with co-financing based on previous rules, you only need to give back the money granted to a specific person. – Paweł Sych, attorney-at-law, PCS | Littler Katowice comments for Dziennik Gazeta Prawna.
Article is available here.
An employee who has been reinstated has the right to leave also for the period from dismissal to return to the company – recognized by the Court of Justice of the European Union – Sławomir Paruch, attorney-at-law comments for Dziennik Gazeta Prawna.
Article is available here.
From new remunaration subsidy – for those who do not face stoppage or reduction of posts- will not benefit those who have obtained similar funds on another basis. This is the position of the department. However, lawyers disagree because such a prohibition does not result from the regulations. – Paweł Sych comments for Dziennik Gazeta Prawna.
Article is available here.
The government has prepared further amendments to the Act on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them (so-called anti-crisis Act), including several significant changes regarding labour law and the possibility of obtaining remuneration subsidisies from FGŚP. – Paweł Sych and Patryk Kozieł comment for quarterly Prawo Pracy.
Article is available here.
Poland has introduced a number of measures to further open country for international travels in view of improvements in coronavirus situation in Poland and approaching summer season. A summary of the changes is presented below.
International flights and restrictions for travellers
On July 1 Poland re-opened for international flights from the following non-UE countries:
All restrictions have been lifted for travellers entering Poland via above international flights – all categories of travellers (irrespective of citizenship) are able to enter Poland on regular pre-Covid-19 terms and will not be subject to obligatory quarantine.
On July 1 Poland also re-opened for international flights from Ukraine and UK. However, in case of flights from Ukraine and UK the restrictions on categories of foreigners eligible to enter Poland remain applicable, and the 14-day obligatory quarantine post-entry (for everyone except exempt categories of travellers) remains applicable.
In case of incoming travels from outside of the Schengen zone other than the above listed international flights, the restrictions on categories of foreigners eligible to enter Poland remain applicable and the 14-day obligatory quarantine post-entry (for everyone except exempt categories of travellers) remains applicable.
Flights from European Union, European Economic Area (for example Norway) and Switzerland remain possible since 13 June 2020 – with the exception of direct flights from Sweden and Portugal. Travels from another Schengen country to Poland remain unrestricted in terms of categories of foreigners eligible to enter (all categories of foreigners are able to enter on regular pre-Covid-19 terms) since 13 June 2020. All categories of travellers entering Poland from another Schengen country remain exempt from the 14-day obligatory quarantine since 13 June 2020.
The current limitations in international flights will remain in place until at least July 14. We expect that new regulations may be published as late as in the evening of July 14.
New categories of travellers exempt from entry restrictions and exempt from obligatory quarantine
Starting from July 3, the following additional categories of travellers will become eligible to enter Poland on regular pre-Covid-19 terms regardless of manner and origin of travel:
1) nationals of EU, European Economic Area (such as Norway) and Switzerland, as well as UK.
2) spouses and children of nationals of EU, European Economic Area (such as Norway) and Switzerland, as well as UK.
Starting from July 3, the following additional categories of travellers will become exempt from obligatory quarantine regardless of manner and origin of travel:
1) Polish nationals.
2) nationals of EU, European Economic Area (such as Norway) and Switzerland, as well as UK.
3) spouses and children of nationals of EU, European Economic Area (such as Norway) and Switzerland, as well as UK.
Changes in quarantine
Poland has implemented, staring from July 2, a possibility to shorten quarantine for any traveller subject to quarantine. The quarantine may end before expiry of the 14-day period if the traveller tests negatively for coronavirus in a public-funded test. Shortening the quarantine cannot be based on test performed on a private basis.
If the traveller tests negatively in the test, he/she will be exempt from quarantine after 24 hours from the moment the negative result of the test is entered into informatic system.
At the moment there are no announcements on how testing for coronavirus for purposes of exemption from quarantine will look in practice.
Poland is amending its law on posting of workers in order to implement the EU Directive 2018/957 of 28 June 2018.
The bill amending the Polish law on posting of workers is being processed by the Polish Parliament. The new Polish rules are intended to enter into force on 30 July 2020.
I. Overview of changes of law on posting of workers
The home company of the posted worker will be obligated to inform the Labour Inspection about any changes in data provided in the posted worker notification, including planned dates of posting. Currently, only change of certain data requires a new notification.
In case of posted employees performing work in Poland for 12 months or less, the catalogue of minimum employment conditions will be extended. Starting from 30 July 2020 the home country company will be obligated to ensure that the following additional Polish terms of employment are observed (if they are more beneficial than under home country employment law):
a) salary defined as all salary components;
b) travel allowances.
Under the new rules in force in Poland, in case of long-term postings the employees will benefit from all terms of Polish employment law insofar as such terms are more beneficial to them than the corresponding terms of home country law (with a few exceptions). This applies to employees working in Poland after:
a) 18 months of posting in case of postings existing on 30 July 2020;
b) 12 months of posting in case of new postings starting after 30 July 2020 (before 12 months of posting, the terms of Polish employment law are going to apply to a lesser extent).
The 12 months’ period mentioned in item (ii) above may be extended to 18 months by filing a justified notification to the Labour Inspection before end of the initial 12 months period. The law does not define what grounds will be accepted as justified for the notification. This will be subject to a discretionary decision of the Labour Inspection. The Labour Inspection has no right to reject such notification. However, during an audit it may conclude that it was not justified and the Polish employment law must be applied after the initial 12 months period.
Calculation of the 18/12-month limit is counter-intuitive and in individual cases may cause workers “freshly” posted to Poland to be considered as having already exceeded the 12/18-month limit. This is because the new law requires to sum up posting periods of employees performing the same task in the same place.
New terms of Polish employment law applicable to workers posted to Poland on long-term posting are going to include in particular, but not limited to, the following terms which have not been applicable to posted workers previously:
a) terms of payment for sick leave;
b) terms of reimbursement of business travels within Poland;
c) obligatory allowances such as allowance for night work or remuneration for stoppage (Polish “przestojowe”);
d) terms of employee liability for damage;
e) rights connected with pregnancy and parenthood (e.g. rights to time off, limitations on overtime and business travel);
f) entirety of procedures and restrictions regarding granting of vacation leave (amount of annual leave entitlement is already applicable under current rules);
g) right to breaks in working time other than vacation leaves;
h) limitations regarding work on Sundays and Polish bank holidays.
The new rules also extend the scope of rights of labour inspection (in particular as regards international cooperation) and suggest an increased focus on monitoring compliance and detecting abuse. Therefore, an increase in auditing activity of the Polish labour inspection is to be expected following the entry of the new rules into force.
II. Recommended steps
Assertion of a right to one-off compensation in relation of an accident on the way to / from work by a judge. Sandra Szybak-Bizacka and Kinga Polewka comment for Ius Focus Supreme Court Judgement from 12.12.2019 r., I PK 205/18.
Article is available here.