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The Blue Card grants privileges, but after two years the questions are multiplying

Firstly, it is uncertain how this time should be calculated. Secondly, it is hard to know whether the change of employer or new terms of employment require changes to the document. And most importantly, could omissions in these areas result in the Blue Card withdrawal? – Tomasz Rogala and Ewa Wysocka comment for Dziennik Gazeta Prawna.

Article: here.

Rzeczpospolita’s Law Firm Ranking 2021

Rzeczpospolita’s Law Firm Ranking 2021:

  • Slawomir Paruch recommended in the labour law and social security category
  • PCS Paruch Chruściel Schiffter | Littler Global recommended in the labour law and social security category
  • PCS’ website recognised as the best law firm website in Poland

Thank you, and congratulations to all awarded firms and lawyers.

B2B management contract is not subject to separate contributions

This time the Supreme Court had to address the issue that has been debated for years, namely whether a management contract (or a contract for the management of a company) which is carried out as part of running one’s own business should be subject to separate social insurance contributions just like a contract of mandate, or should it be covered by compulsory social insurance contributions paid in connection with the conducted business activity. – Łukasz Chruściel comments for Rzeczpospolita.

Article: here. 

Cover story: Non-competition agreement 

The possibility of concluding non-competition agreements with employees has been explicitly expressed in the Labour Code for nearly 25 years. However, despite being a long-established legal concept, non-competition agreements riddled with loopholes, impossible to enforce and providing inadequate protection of the employer’s interest are still prevalent. – Łukasz Chruściel and Maria Boczek comment for Personel Plus @Wolters Kluwer.

Full article: here.

The Polish New Deal. What it means for HR departments?

It is clear that the changes proposed under the New Deal aim at equalising different employment bases. They include the concepts of a unified contract, a full range of social security contributions paid on contracts of mandate, an income-based health contribution for B2B and lastly, new powers granted recently to the National Labour Inspectorate who can now decide on the type of employment relationship. – Robert Stępień comments for IT-Leaders.

Full article: here.

#alert: Quarantine for travelers extended until end of the summer

Quarantine after arrival in Poland will be mandatory until 31 August. The quarantine lasts 10 days and applies to both persons coming to Poland from outside the EU and those coming from Schengen countries.

Not all travelers have to quarantine. The list of exempt persons includes, for example, those who travel within the European Union(by means of transport other than by plane) to work in Poland. Travelers from Schengen countries may be also released from quarantine on the basis of a negative coronavirus diagnostic test (performed no earlier than 48 hours before crossing the border).

Persons who hold a certificate of vaccination against COVID-19 with a vaccine approved for use in the European Union remain exempt from quarantine. Currently, only confirmations of vaccinations made at least 14 days before travel to Poland will be honoured – this is a change compared to previous regulations. According to the practice of the Border Guard, persons who have received both doses of a two-dose vaccine or a single-dose vaccine are considered vaccinated.

Another possibility of avoiding quarantine is to perform a diagnostic test upon arrival in Poland, but before the passport control. People who have already been sent to quarantine also have the option of shortening the quarantine period by taking a test within 48 hours after entering Poland. Entering a negative test result into the system by the laboratory ends their quarantine. Both of these options are not available to travelers who have started their journey in India, Brazil or South Africa. In their case, they must undergo at least 7 days of quarantine before they can take the test.

Facilitations for children under 12 have been introduced. Children will be released from quarantine if they travel together with adults who have vaccination confirmation (under the conditions described above) or have performed the test after their arrival in Poland, but before the passport control. In these cases, the release of adults from quarantine also extends to the children, without the children taking a separate test.

 

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