The employer does not have to re-apply for the permit if he wants to increase the foreigner’s salary above the amount indicated in the decision. This does not apply if the salary was to be lowered. – Kinga Polewka-Włoch and Katarzyna Wojcik comment for Dziennik Gazeta Prawna.
Article: here.
There has been a long consensus that the employee is able to take shorter leaves, and the employer is not threatened with any sanctions on this account. Experts say the Labour Inspectorate is overinterpreting regulations. – Sławomir Paruch comments for Dziennik Gazeta Prawna.
Article: here.
The regulations coming to force finally make this clear. However, there is one condition: both of these forms of financial aid cannot be obtained in the same month. – Paweł Sych and Michał Bodziony comment for Dziennik Gazeta Prawna.
Article: here.
Thus, the employer has the right to oblige staff members to vaccinate, if it is justified, for example by the specific nature of work performed. However, each case should be considered individually. – Sławomir Paruch comments for Dziennik Gazeta Prawna.
Article: here.
The employer has the status of an interested party in the case concerning the determination of the number of trade union members, and thus can participate in the proceedings.
It is undisputable that the court should notify the employer about this. Unfortunately, some courts still oppose employers’ participation. The good news is that we have effectively challenged such court decisions in the past.
We firmly believe that the employer not only has the right to join the proceedings but should also use it. Challenging the number of trade union members and letting the case run its course could prove counterproductive – the trade union will “own” the case and the court will only confirm the information provided by the union. It would be better not to initiate the whole procedure at all than to do it that way.
A labour inspector can only bring an action against an employer to the extent explicitly set out in Article 631 of the KPC (Polish Civil Procedure Code), namely to establish the existence of the employment relationship. Actions regarding other matters concerning the terms of such employment fall outside the inspector’s competence. – Kinga Polewka-Włoch and Patryk Kozieł comment for ius.focus.
Article: here.
The lack of a separate non-competition agreement does not allow for conducting competitive activity against the employer. The obligation to refrain from such activity results from the basic employee obligation referred to in art. 100 § point 4 of the Labour Code – caring for the welfare of the workplace. – Kinga Polewka and Bartosz Wszeborowski comment for ius.focus.
Article: here.
The legislator uses both the concept of a written form and the requirement to perform actions in writing. Such distinction is not without significance. Wherever the law provides a (less restrictive) writing requirement, there is no need for a more restrictive written form. This also applies to the consultations with trade unions regarding terminating employment contracts. Opposite theories, approved, among others, by the Supreme Court may not be justified. – Sławomir Paruch and Oskar Kwiatkowski comment for Dziennik Gazeta Prawna.
Article: here.
The government announced an extension of the “Poland. Business Harbour” program. In addition to Belarus, now specialists from Armenia, Georgia, Moldova, Russia and Ukraine will be able to apply for visas under the program.
Visa facilitation for new countries (other than Belarus) is offered generally to foreigners invited by employers who apply to participate in the program. The program is currently targeted primarily at the broader IT sector. In addition to the ability to obtain a one-year visa after prioritized process, foreign nationals receive two important benefits: an ability to work without a work permit and facilitation in entry in Poland.
Holders of visas with the annotation “Poland. Business Harbour” are exempt from a requirement to hold a work permit during validity of the visa. However, the regulations still contain a loophole that may prevent legal performance of work after the visa expires and before obtaining an appropriate residence permit in Poland.
Visas under the program are also issued to spouses and children of employees. This is a significant facilitation for families of employees. Family members are automatically granted the right to enter Poland on an equal basis with employees (due to restrictions on entry to Poland related to the coronavirus pandemic). However, families of professionals from e.g. Ukraine who obtain visas with the endorsement “Poland. Business Harbour”, will be entitled to enter Poland without further demonstration of their status or approval of the Border Guard. Upon arrival in Poland, however, they may be required to undergo quarantine, just like the employees themselves.
According to government announcements, the program may be expanded to other countries and industries in the future. The decision will depend on the results of the current round of program expansion.
Together with our Littler colleagues, we have created a short guide with a focus on telework and the most striking legal aspects to be considered around this (e.g., can the employer be forced to allow remote work? Which formalities have to be complied?).
Poland (updated: 1 July 2021, here)
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