HR Signal: The EU Whistleblowing Directive

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Workplace sobriety testing

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.

Full article: here. 

Assessment of legal relationship between the parties; no presumption of the existence of an employment relationship

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.

Article available here.

Car repair is a specific-task contract

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

Article here.

Undeclared employees may demand from ZUS to confirm they are covered by social insurance

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.

Article: here.

Employers! Beware of the right to “disconnect “. Bombarding employees with e-mails after working hours may be considered mobbing

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.

Article: here.

e-book #HRinCloud 2.0

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.

Download here.

 

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