The Social Insurance Institution (ZUS) often causes problems for both employers and employees. This applies to issues such as determining the calculation basis for the contributions, questioning the entitlement to benefits or their amount or refusal of the right to insurance. Thus, ZUS forces employers and employees to appeal against the decisions and to seek their rights in court. – Łukasz Chruściel oraz Paweł Sych comment for Personel Plus.
Article link here.
We invite you to read the guide prepared for Rzeczpospolita: Employment restructuring 2020.
In the publication, we discuss the following issues:
Employers may request employees to be vaccinated against the flu, and discuss them in case of refusal. This can be a controversial obligation for many employees. However, employers want to reduce the risk of flu transmission during the coronavirus epidemic. – Sławomir Paruch comments for Rzeczpospolita.
Article link here.
PCS | Littler is launching its latest project: the Client Zone called PCS Client Zone | HR Point – a platform providing documents, products, knowledge and communication channels with our Clients in all areas of HR law. We will build, develop and improve it together with you.
Basically, PCS Client Zone | HR Point consists of:
From the word go PCS | Littler aspired to be an exceptional HR law firm. In 8 months we have managed to build the largest Polish HR law firm, consisting of 62 people in 6 offices across the country. We are part of Littler – the world’s largest labour law firm.
Our ambition is to create valuable content for the benefit of our Clients. We share our knowledge and practical experience. This year PCS | Littler was the only HR law firm awarded in the Rzeczpospolita ranking for our website devoted to pandemic-related advice and for the website design. But we are just getting started.
We want to change the legal services market and that is why we created the PCS | Littler Client Zone – HR Point. Our clients can count on extra benefits and privileges. As a PCS | Littler’s Client, you receive access to PCS | HR Point which gives you not only legal advice tailored to your needs but also access to free documents, publications, presentations, recordings and training materials, and the opportunity to participate in meetings for small groups of clients, devoted to current HR challenges. But more importantly, PCS | HR Point offers a unique opportunity to make use of the fixed-fee services and solutions based on PCS | Littler partners 20-year experience, honed to perfection by working for hundreds of the largest Polish and foreign employers.
More information soon. Stay tuned!
An employer does not have a free hand when it comes to a dress code. It all depends on where you work and what you do. Dress code rules cannot infringe upon your personal freedoms – Karolina Kanclerz, attorney at law, comments for Rzeczpospolita.
Article link here.
Starting from September 2, 2020 Poland has modified the list of countries able to make direct flights to Poland. Direct flights to Poland remain banned in case of 44 countries. Full list of the 44 banned countries is presented below:
1) Belize;
2) Bosnia and Herzegovina;
3) Montenegro;
4) Brazil;
5) Bahrain;
6) Eswatini (formerly Swaziland);
7) Spain;
8) Mexico
9) Israel;
10) Qatar;
11) Kuwait;
12) Libya;
13) Albania;
14) Argentina;
15) Armenia;
16) Chile;
17) Dominican Republic;
18) Ecuador;
19) Guatemala;
20) Honduras;
21) India;
22) Iraq;
23) Kazakhstan;
24) Colombia;
25) Kosovo;
26) Costa Rica;
27) Lebanon;
28) North Macedonia;
29) Maldives;
30) Malta;
31) Moldova;
32) Namibia;
33) Panama;
34) Paraguay;
35) Peru;
36) Republic of South Africa (RSA);
37) Salvador;
38) Suriname;
39) Cape Verde;
40) Romania;
41) United States of America;
42) Luxembourg;
43) Bolivia;
44) Bahamas.
With the new list in force, Russia and China will be now able to organize direct flights to Poland.
For the first time after opening for flights for most countries of the world on August 12, Poland has decided to restrict some EU countries from direct flights: Malta, Spain and Romania.
Following the fact that the new list includes various popular summer destinations, charter flights that were chartered by travel companies before September 2 will be still able to make direct flights to Poland. Previous regulations on international flights did not include such an exception.
The list of countries banned from flying to Poland is planned to remain in force until September 15. We expect that a new list will be published on the same date.
Restrictions on categories of foreigners eligible to enter Poland remain applicable in case of incoming travels from outside of the Schengen zone (subject to numerous exceptions).
Passengers of direct flights to Poland are exempt from obligatory post-entry quarantine in Poland (except travelers of direct flights from Russia, Belarus and Ukraine – post-entry quarantine obligation applies for these countries).
From September 2, mandatory quarantine after crossing border is shortened to 10 days from previously applicable 14 days.
For regular cases, e.g. when quarantine applies due to crossing Polish border, quarantine will end after 10 days. Medical check by a doctor or COVID test will not be required.
For persons that did show symptoms of COVID, a doctor will decide based on a so-called “televisit” (remote appointment) if the person should remain longer on a quarantine. A COVID test will not be mandatory to end quarantine for such person.
More detailed summary of changes can be read [here].
In connection with the ongoing political crisis in Belarus, Polish government is introducing “Solidary with Belarus” programme aimed to support the society of Belarus. The programme is still in a development stage. One of the objectives of the programme is offering easier entry to Poland and access to Polish labour market for Belarusian citizens
To date, the following measures have been introduced:
– Poland offered possibility to apply for humanitarian visas for citizens of Belarus. Visa fees do not apply for such applications. Holders of humanitarian visas have been exempt from the Covid-19 related restrictions to enter Poland.
Further measures have been announced but not adopted into law yet:
– Facilitating the process of obtaining visas and residence permits for purposes of studying in Poland by Belarusians.
– Introducing a broader legal framework for providing support to Belarusians in case of large groups seeking protection in Poland due to the political crisis.
So far, no specific measures facilitating employment of Belarusians in Poland have been announced.
On 4 September 2020 an amendment to the Polish Act on Posting of Workers came into force. It gave new duties to both foreign employers posting workers to Poland and, in some cases, to Polish businesses taking on such workers. The National Labour Inspectorate’s powers to supervise postings have been extended. What should foreign and domestic employers pay attention to? What steps should they take to comply with the new regulations and to avoid the adverse consequences of inspection?
I. Auditing the terms and conditions of employment for workers posted to Poland
II. Auditing the declarations on the posting of workers to Poland
We encourage you to take these steps immediately to adopt correct procedures as soon as the new regulations enter into force and to fulfil any possible obligations in a timely manner (an employer should notify the National Labour Inspectorate about the change of data indicated in the declaration within 7 days).
We are here to help you with the audit and to guide you through the new posting rules.
Slawomir Paruch gives an interview for Rzeczpospolita: How should entrepreneurs prepare for the changed rules of collective responsibility? The act may be an opportunity, not a burden.
The Ministry has prepared another version of the draft on the liability of collective entities, which will allow entrepreneurs to be punished for the actions of their employees.
Article link here.
