Month: November 2021

Market Intelligence provides a unique perspective on evolving legal and regulatory landscapes in major jurisdictions around the world.

In the November edition:

“To understand remote working post covid-19, employers in Poland should closely follow the proposed amendment to the Labour Code, which is expected to introduce into the Polish legal system the previously…” – say the authors of the publication.

Content is available to read here.

Vaccinated persons who are staying with those who are infected are not obliged to quarantine themselves. It creates another problem, those who are staying with infected people on a daily basis, can be contagious. – Sławomir Paruch comments for prawo.pl

Article: here.

The Social Insurance Institution very often questions the character or the overall existence of legal relationship between the insured and the payer. Two of the most common cases are questioning the employment relationship, which usually happens when the insured person demands payment of a benefit, and assuming that the parties are bound by employment relationship and not a civil law relationship, even though they are bound by, for example, a mandate of contract, service contract, or agency contract. The second case may be usually the harshest for the employer since it can lead to the obligation to pay the outstanding contributions. – Kinga Polewka-Włoch and Patryk Kozieł comment for ius.focus.

Article available here.

Employees not only have the right, but also the obligation to discipline clients who are not wearing masks.  This is due to art. 207 par. 1 of the Labor Code, which states that employer is obliged to care about the health and safety in the workplace, and art. 211 point 7 of the Labor Code, which requires the employee to cooperate with the employer and with the superiors in executing it.  – Bartosz Wszeborowski comments for Dziennik Gazeta Prawna.

Article: here.

The Social Security Institution (ZUS) is not obliged to inform an insured about all possible circumstances that could result in losing their right to sickness benefit. A person on sick leave should be well aware that the basis for such leave is unfitness for work. Therefore, the insured should not, and cannot, carry out paid work during the assessed inability to work – Łukasz Chruściel comments for Rzeczpospolita.

Article here.

Lack of Employers’ worktime records or its’ incorrect keeping, do not entitle the factual or legal presumption of the reliability of worktime presented by the employee. This means that the labour court shouldn’t always accept it as the most reliable version. – Paweł Sych comments for Rzeczpospolita

Article here.

The bill that introduces multiple changes in taxation and social security field, called the “Polish Deal”, has already been passed, and is waiting only for the President’s signature. One of the introduced changes will be reduction of the lump sum tax rate on income. It is supposed to be most beneficial for IT specialists – tax rate for income from certain areas of providing IT services will be reduced from 15% to 12% of income. – Oskar Kwiatkowski and Kamil Nazimek comment for IT-Leaders.

Article here.

The rules of legalising work and stay of foreigners are regulated by many acts and ordinances. They were amended so many times that they are no longer clear. What is more, immigration regulations are so complicated, that not only employers and their lawyers have problems with their interpretation, but the offices as well. Their practice is different depending on the region where the application is submitted. – Karolina Schiffter, Marta Jastrzębska, Marcin Snarski, Ewa Wysocka, and Oskar Kwiatkowski comment for Dziennik Gazeta Prawna

Article here.

Foreigners are essential parts of staff in many fields, but the procedures of issuing permits for them require improvement. At the time of publishing this article, the project amendment has been submitted to the parliament. Some of the discussed solutions may be changed as a result of the work of parliamentary committees. – Karolina Schiffter and Marcin Snarski comment for Dziennik Gazeta Prawna.

Article available here.