Work on amendments to the Labour Code and the Act on Upbringing in Sobriety and Counteracting Alcoholism is underway. The legislator has decided to finally settle the issue of sobriety testing by employers – Paweł Sych and Patryk Kozieł comment for Magazyn PZZW.
On the first day of September, entrepreneurs will not yet know their income for August. Determining this overnight is virtually impossible. It raises doubts about whether or not they can open their establishments on Sundays falling at the beginning of the month – Robert Stępień comments for Dziennik Gazeta Prawna.
Although differentiating pay for home-workers and office-workers is challenging, remote employees can be paid less in justified cases – Sławomir Paruch and Michał Bodziony comment for Dziennik Gazeta Prawna.
By establishing cooperation, the parties express their will as to the type of legal relationship they intend to conclude, and they have a choice in this regard. Establishing an employment relationship in place of a civil law contract may only take place if it is evidenced by circumstances that make up the relationship arising on the basis of this contract. – Kinga Polewka-Włoch and Patryk Kozieł comment for ius.focus.
An employee who, without any justification, does not undergo medical check-ups is unable to perform work. This obviously violates his fundamental obligation and may be the reason for a disciplinary dismissal – Paweł Sych comments for Rzeczpospolita.
Realisation of a specific-task contract usually takes the form of creating a thing, but it may also involve making changes to an already existing thing, repairing it, modifying or supplementing it, extending it, combining with other things, or adding component parts. A contract for the repair of a car may qualify as such. – Łukasz Chruściel comments for Rzeczpospolita
The rules of employee outsourcing are still a minefield. Temporary work, external employment, or contract for the provision of services. – Sławomir Paruch comments for Dziennik Gazeta Prawna.
Lack of written contract or lack of notification to Social Insurance Institution (ZUS) does not exclude from social insurance coverage. If an employee has been hired illegally, he may apply to ZUS for a given benefit, e.g. sickness benefit. ZUS will have to determine whether an employment relationship has actually been concluded. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.
Receiving work orders online around the clock may lead to health problems and result in the obligation to pay compensation. In France, where statutory law to be offline was passed, servers are being blocked in order to suspend e-mail delivery until the next day. In Poland employers should also take care of the right communication framework – Karolina Kanclerz and Kamil Nazimek comment for Dziennik Gazeta Prawna.
Read e-book #HRinCloud 2.0. It contains a set of practical comments devoted to the digitization of HR processes and the online management of HR processes. In it we share our opinions on various subjects such as the following:
digitization of employee documentation
when documents should be prepared in written form and when they should be online
how to terminate an employment contract remotely
utilization of chatbots in recruitment
QR codes in HR practice
and many other topics.
These texts were written with the challenges and experiences related to the COVID-19 pandemic, lockdown and spread of hybrid and remote work in mind. They were regularly published on the PCS LinkedIn profile. One of our lawyers, Michał Bodziony came up with this idea and is one of their authors.