HR Signal: The EU Whistleblowing Directive

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#coronavirusalert: Quarantine for travelers extended until 31 January

The enforcement of quarantine after arrival to Poland was extended until 31 January. Additionally, the responsibility for informing the appropriate authorities about undergoing quarantine has been shifted in some cases to the travelers themselves.

The quarantine lasts for 10 days. Until 31 January it may apply to both persons coming to Poland from outside the EU and to those traveling by public transport (in particular by plane) inside the EU.

However, not all travelers will be quarantined – the list of exemptions will include, among others, persons who hold a certificate of vaccination against COVID-19 (including foreign certificates), as well as persons who travel within the European Union to work in Poland.

In the case of travel from other EU countries, it is not the Border Guard, but the travelers themselves, who will be obliged to provide the relevant authorities with information about their entry and the requirement to undergo quarantine.

Due to the expiry of a relevant regulation, the ban on flights to Poland ceased to apply. According to the information provided by the Ministry of Infrastructure, the government is not working on a new regulation in this area. We can hope that the flight ban will be lifted for longer.

Annual duty to review data collected for the  Employee Benefit Fund

The latest amendment to the Act on the Employee Benefit Fund introduced on 4 May 2019 has clarified the rules for processing personal data collected for the purpose of the Fund. It requires employers to review such data at least once a year – Łukasz Chruściel and Paweł Sych comment for Kwartalnik Prawo Pracy.

Preview of the article: here.

Full article: here.

Brexit: Employee issues – online free-of-charge consultation

In response to the agreement regulating the rules of the UK’s departure from the single European market and Customs Union on 1 January, the British Polish Chamber of Commerce, in cooperation with experts from its member companies, has launched a series of online free-of-charge 30-minute consultations  during which you will receive advice regarding various areas of company operations and trade exchange between Poland and Great Britain following Brexit.

Topic: Employee issues

  • Registration procedures for UK citizens already residing in Poland.
  • Procedures for UK nationals who performed work as posted workers.
  • Immigration formalities for UK citizens starting work in Poland in 2021.
  • Business trips and short-term work of UK citizens in Poland – taking into account anti-Covid immigration regulations.

Date: 19h January 1pm -3 pm CET (12 pm – 2 pm GMT)

Details and registration: http://bpcc.org.pl/en/events/trade-with-great-britain-and-poland

Professional experience as a criterion justifying the differentiation of the amount of employee remuneration

Employers have the right to differentiate the salaries of employees. However, they must respect objective criteria. In the event of a dispute, they should also be able to demonstrate what caused the differences in the amount of remuneration and that they were adequate to the quantity and quality of work performed by the employees concerned. Sandra Szybak – Bizacka and Kinga Polewka comment for Ius.Focus.

Article: here.

#alert: Contracts for a specific work – new duty to notify

The duty to notify ZUS about the conclusion of each contract for a specific work became effective on 1 January 2021. Below we present the most important features of the new duty.

 

WHO NOTIFIES?

A payer of social security contributions or an individual who commissions a specific work.

 

WHEN?

Within 7 days from the date of concluding a contract for a specific work.

 

WHAT?

Every contract for a specific work except for:

1) a contract for a specific work concluded with an employee;

2) a contract for a specific work, under which the contractor creates the work for the employer with whom they have an employment relationship (i.e. an employer other than the one who commissions the work).

 

The duty to notify provision is very laconic, which  raises some doubts, notably:

1) applying the duty to notify only to the payers of social security contributions (within the meaning of the Act on the Social Security System) or individuals commissioning a work exempts a number of entities who are not contribution payers from the duty to notify. Thus, the duty may be easily circumvented against the intentions of the legislator;

2) the ZUS website provides information (this time favourable to the notifiers!) that contracts for a specific work performed as part of business activity should not be reported. However, we would like to point out that even though the register application form may suggest otherwise, such an exemption is not based on any provision of law.

 

Should you have any further questions or concerns, please do not hesitate to contact us.

I also recommend the recent episode of Karolina Kowalska’s  #RZECZoPRAWIE, where I talked about the new duty in more detail.

 

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