Even if it occurs after the vaccination organized by the employer, it cannot be the basis for the payment of accident benefits. The employee can only receive the sickness benefit. Can employers participating in the in-house COVID-19 vaccination program be potentially responsible for adverse vaccine reactions (NOP)? – attorney-at-law Paweł Sych and Oskar Kwiatkowski comment for Dziennik Gazeta Prawna.
Article here.
1. One of the announced actions as a part of the Polish Deal (a post-COVID recovery plan presented by the governing party) is the introduction of facilitation in the employment of IT specialists from Eastern European countries (including Ukraine, Russia). It would be possible to employ such persons on the basis of a visa without the need to obtain a work permit (similar to the current rules applicable to Belarusian citizens under the Poland. Business Harbor program). At a later stage, it is planned to possibly expand the program to include specialists from another areas, such as engineering, and from another countries.
2. Moreover, the government also announced a reform of the procedure of obtaining work permits. The changes will include:
a) elimination of declarations on entrusting work (short-term work permits) – as a consequence, all foreigners will need work permits but it is planned to offer simplified procedure for citizens of Eastern European countries;
b) change of the office issuing work permits – they will be issued by poviat labor offices instead of voivodship offices, which is supposed to shorten the time of processing applications as the labor offices are more numerous than voivodship offices.
3. In addition, the government is working on an amendment of the administrative procedure, which will exclude the possibility of submitting a reminder for inactivity or excessive length (in Polish: “ponaglenie”) in the proceedings for issuing a work permit and a declaration of entrusting work (short-term permit). As a consequence, the only possibility to challenge the untimely settlement of the case by the authorities will be to file a complaint with the court about the excessive length of the proceedings.
Our Global Mobility & Immigration team is ready to support you in all matters related to hiring and seconding employees.
The past year has shown a growing demand for modern, business-oriented solutions in the field of HR law. Solutions which are designed for the 21st century, maximising employee protection and safety, that are environmentally friendly and allow employers to efficiently manage the work process remotely. We have summed up some guidelines which will help employers move their HR processes smoothly into the digital age. – Bartosz Wszeborowski and Michał Bodziony comment for Contact Online.
Article: here.
Along with the spread of vaccination against COVID-19, there are cases in which job candidates inform employers that they have taken the vaccine when applying for a given position. Therefore, there are doubts regarding the question what the employer should do with such information and whether it can be used in the process of selecting a candidate for a job. – Robert Stępień and Paweł Sych comment for Dziennik Gazeta Prawna.
Article: here.
The applicable laws still require the development of a common position by the trade unions indicated in the regulations and then presenting it to the employer. The employer only has to remember to at least try to consult the changes with the social side – Kinga Polewka and Michał Zabost comment for ius.focus.
Article: here.
Since combining work and maternity leave is not explicitly addressed in the legislation, the recently issued court ruling may be of considerable practical significance. Having considered the matter in a wider legislative context, the Supreme Court came to the correct conclusion that the question of denying mothers their right to use the remaining part of maternity leave (and, consequently, maternity pay) if they take up employment calls for statutory regulations. The fact that the legislator has not provided for a waiver of this right means that such a waiver is not permissible. – Łukasz Chruściel comments for Rzeczpospolita.
Article: here.
Working time continuously proves to be one of the most complex matter from the Polish HR law perspective. The fact that in practice this is the most frequently controlled area by the Polish Labour Inspection proves that opinion.
The COVID-19 pandemic forced most of the workplaces to adjust to new reality. The major challenge was the transfer from stationary to remote work. Polish “Anti-Crisis Act” entitled employers to order employees to perform work remotely (for the time being – possible during the period of pandemic and 3 months afterwards). The major concern is how to deal with working time management during remote work in order to mitigate related risks on employer’s side. This relates in particular to risks for overtime claims.
One of the solutions is implementing the most suitable working time system. Polish law provides for a possibility of introduction of a special system where working time is defined by tasks. It allows the employer to assign tasks and set the deadline for their implementation with no further necessity to track or register employee’s working time. It may be applied for example in the following cases:
This system equips employees with a certain degree of independence: it is up to the employee when she/he performs obligations as long as assigned tasks are performed. The crucial point is to properly assign work so that it may be performed within regular working time limitations (8 hours per day, 40 hours per week). The superior should be absolutely sure that the tasks he/she assigns to the employee are not more time-consuming (i.e., exceeding the said limitations).
Whenever “regular” working time system are applied employers have special means of control over employees. The “Anti-Crisis Act” allows the employers to request that employees performing remote work keep records of performed activities, taking into account in particular a description of these activities, as well as the date and time of their performance. The employee prepares a record of the activities performed in the form and with the frequency specified in the employer’s order.
At PCS | Littler Global we support our Clients not only in implementing and managing mechanisms related to working time system but we also provide detailed assistance through all of the remote work related matters. Our vast experience gained already in “pre-pandemic” times allowed us to provide customized assistance immediately from the very beginning of last year’s new “remote work era”. We are ready to advise how to become cost efficient and how to mitigate various risks arising from the complexity of remote work regime.
Assessment of the admissibility of a reservation in the contract of a condition precedent concerning the submission of a declaration of will should be made through the prism of the protection of the employee’s interests. In the context of a non-competition agreement, the protection of the employee’s interests comes down to the fact that the employee should not be deprived of the opportunity to take up paid employment or kept in a state of uncertainty about this possibility. – Kinga Polewka comments for Rzeczpospolita.
Article: here.
We invite you to a webinar organized jointly with Littler: The EU Whistleblowing Directive – The Road to Compliance.
Date: Tuesday, May 18th, 2021 at 4:00 – 5:30 p.m. CEST.
Speaker: Karolina Kanclerz.
Webinar is complimentary.
Please find more details: here.
We invite you to get to know the guide “Vaccinations at workplaces”, which contains necessary information on the organization of vaccinations.
The guide comprehensively discusses practical issues regarding technical, formal and financial conditions for organizing vaccinations in workplaces, and the way employers and other people can benefit from vaccinations. – Sławomir Paruch, Robert Stępień, Paweł Sych, Magdalena Profic, Julita Kołodziejska, Karolina Rogatko, Oskar Kwiatkowski, Patryk Kozieł, Kamil Nazimek comment for Dziennik Gazeta Prawna.
Guide: here.