Month: November 2020

In today’s working-from-home reality many employers offer their employees the possibility to work from abroad (for example, from employees’ home countries). What at first sounds simple may sometimes be quite challenging.

The employer is always obliged to properly organize remote work. This means that all applicable regulations must be observed. And in case of WFH from abroad many forget that not only employer’s domestic laws and internal rules apply –  some laws of the country where work is actually performed are also to be followed (for example, related to tax and social security issues or to the obligation to meet minimum working conditions, like minimum pay).

In consequence, employers who let their staff work from different parts of world face a difficult challenge. It requires identifying applicable regulations under numerous jurisdictions and staying up to date with continuously changing laws.

At PCS | Littler Global we support our Clients in comprehensive implementation and management of remote work from abroad. Thanks to our vast experience and global reach we can provide our Clients with high-quality and cost-efficient legal services. For our Clients we prepare tailormade systems that allow quick assessment of remote work opportunities for each country. Such assessment includes applicable local obligations and formalities, as well as potential costs or risks related to remote work. Introducing internal regulations setting out rules for remote work from other countries should be part of that system.

NEWS:

• How to create proper employment structure | 09.02.2021
• Remote work from abroad | 1.12.2020

Remote working while in isolation is permitted if the employee is actually able to work and the working conditions as well as the nature of work allow it. – Sławomir Paruch and Agnieszka Nicińska comment for Rzeczpospolita.

Article: here. 

Starting from November 25, 2020 direct flights to Poland remain restricted in case of 9 countries.

In case of United States, Poland maintains limitation for direct flights to states of Illinois and New York.

Flights from another states are still restricted. However, it is not prohibited for travellers from another states to use direct flight from Illinois or New York to arrive to Poland.

Poland has decided to not include any EU or EEA country in the ban list regardless of current pandemic situation in these countries.

Full list of the 9 banned countries is presented below:

• Bosnia and Herzegovina;
• Montenegro;
• Georgia;
• Jordan;
• Armenia;
• Kosovo;
• North Macedonia;
• Serbia;
• United States (except flights from airports located in the states of Illinois and New York).

Charter flights from the banned countries that were chartered by travel companies before November 25, 2020, will still be able to make direct flights to Poland.

Any country from the ban list will be able to resume flights to Poland as long as it officially notifies Poland that it guarantees to only allow passengers with a negative result of a COVID test to board the plane.

To the moment no information is available that any country from the ban list has used this possibility.

Passengers of direct flights to Poland remain 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).

Restrictions on categories of foreigners eligible to enter Poland remain applicable in case of incoming travels from outside of the European Union (subject to numerous exceptions).

The list of countries banned from direct flights to Poland is planned to remain in force until December 8, 2020. We expect that a new list will be published on the same date.

QR codes make communication with employees easier. Remote and paperless communication is just what the doctor ordered for the pandemic period –  Marcin Szlasa-Rokicki and Michał Bodziony comment for Rzeczpospolita.

Article: here.

 

On December 1, 2020, an amendment to the Act on foreigners will enter into force (14 days after its publication in the Journal of Laws).

The requirements for travel medical insurance that a foreigner must present in order to obtain a Polish National Visa in order to perform work will be more stringent – the insurance will have to fulfill the additional criteria.

At the same time, the rules concerning the territorial jurisdiction of consuls in visa matters will be eased. It will be possible to apply for a Polish National Visa for the purpose of work also outside the country of the foreigner’s permanent residence.

To learn more about the new changes – see here.

Home office is not always a safe haven from harassment and bullying. The employer must step in at once and take the best possible action under the circumstances – Karolina Kanclerz comments for Rzeczpospolita.

Article: here.

Starting from November 11, 2020 direct flights to Poland remain restricted in case of 10 countries.

In case of United States, Poland has opened for direct flights from states of Illinois and New York.

Flights from another states are still restricted. However, it is not prohibited for travellers from another states to use direct flight from Illinois or New York to arrive to Poland.

Poland has decided to not include any EU or EEA country in the ban list regardless of current pandemic situation in these countries.

Full list of the 10 banned countries is presented below:

• Bosnia and Herzegovina;
• Montenegro;
• Georgia;
• Jordan;
• Argentina;
• Armenia;
• Costa Rica;
• Lebanon;
• North Macedonia;
• United States (except flights from airports located in the states of Illinois and New York).

Charter flights from the banned countries that were chartered by travel companies before November 11, 2020, will still be able to make direct flights to Poland.

Any country from the ban list will be able to resume flights to Poland as long as it officially notifies Poland that it guarantees to only allow passengers with a negative result of a COVID test to board the plane. To the moment no information is available that any country from the ban list has used this possibility.

Passengers of direct flights to Poland remain 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).

Restrictions on categories of foreigners eligible to enter Poland remain applicable in case of incoming travels from outside of the European Union (subject to numerous exceptions).

The list of countries banned from direct flights to Poland is planned to remain in force until November 24, 2020. We expect that a new list will be published on the same date.

 

An employer who sees that employees fail to apply of protection measures against infection and does not react will not avoid responsibility by claiming that it was the employee who violated the safety rules. – Karolina Kanclerz comments for Rzeczpospolita.

Article: here.

Circumstances related to the coronavirus epidemic have become the main motivation for remote work not only in Poland. Despite initial fears the efficiency and quality of work so provided has not decreased, according to the Littler European Employer COVID-19 Survey. – conclusions are analyzed by Miłosław Awedyk and Jakub Grabowski for Rzeczpospolita  

Article: here.