The lack of right of the trade union to bring claims against the employer in relation to the employee fund regulations is not an exception. The allegation of violation of regulations introducing the requirement of consultation may be raised by an employee asserting his individual claims, and not by a trade union which was ignored by the employer in making its decision. – Kinga Polewka-Włoch and Kinga Krzysztofik comment for ius.focus.
Article: here.
Delays in registering employees or contractors for insurance purposes sometimes happen for various reasons, including mistakes made by external payroll or accounting service providers. However, failure to meet the statutory deadline for registering an employee or a contractor does not mean that such a person is not covered by insurance. – Łukasz Chruściel comments for Rzeczpospolita.
Article: here.
If the employer, by making the conditions worse, does not intend to cause dismissal of the employee, and the new conditions (e.g. the proposed remuneration) correspond to the type of work, then the refusal to accept them should be considered a co-factor on the part of the employee. It is the employee who by making his own decision leads to termination of the employment relationship – it is therefore difficult to assume that the employer in such a situation, in an attempt to preserve the employment, should bear negative financial consequences. – Paweł Sych comments for Rzeczpospolita.
Article: here.
The intranet is not the place to post offensive comments about co-workers. When this happens, the employer must take action – otherwise they could be liable for violating employee’s personal rights. – Bartosz Wszeborowski and Łukasz Marzec comment for prawo.pl.
Article: here.
The Littler International Guide provides an overview of workplace laws and regulations of over 45 countries and territories. Written by selected attorneys and scholars from around the globe, as well as Littler attorneys, the Guide tracks the employment life cycle in a question-and-answer format, covering over 90 workplace law topics under 14 categories.
This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation may find the information useful in understanding the issues raised and their legal context.
Littler International Guide – spring 2022 edition
Dear Client, If you would like to receive a full copy of this report, please get in touch with your usual contact PCS Paruch Chruściel Schiffter Stępień | Littler Global or write at: perspektywhr@pcslegal.pl
On May 16, 2022, as previously announced, the Minister of Health lifted the epidemic state in Poland and introduced the state of epidemic emergency. It will be in force until further notice.
The introduction of the state of epidemic emergency does not affect the legal situation of foreigners in Poland once this state is pending. Solutions introduced for them, under so-called COVID-19 regulations are in force both during an epidemic and an epidemic emergency.
This means that automatic extensions periods of validity of e g. temporary residence permits, national visas, work permits and periods authorizing to work on the basis of declarations on entrusting work to a foreigner (special permissions), the end of which falls on the duration of the epidemic emergency, will continue to apply until the end of the 30th day following the date of lifting of this state.
Assuming that the Ministry of Health will stay on course of easing the covid restrictions, foreigners who use only extensions resulting from the so-called COVID-19 regulations and do not hold updated documents authorizing them to stay and work in Poland, should treat this change as a signal to regulate their legal situation for the time after lifting the epidemic emergency and take necessary steps now to obtain these documents. According to the announcement of the Minister of Health the lifting of this state should be expected in September this year at the earliest.
Even though the topic of differing salaries for employees on the same positions sparks many emotions and controversies, hiring a new employee on more favourable terms is allowed in some cases and it is nothing new on the market – Robert Stępień and Michał Bodziony comment for IT-Leaders.
Article: here.
With the official announcement of the unexpected outbreak of war in Ukraine, Poland reacted to the situation with an unprecedented speed and magnitude of support and solidarity. Poland adopted a special law regulating the principles applicable to Ukrainian citizens in connection with an armed conflict in the territory of their country on 12 March 2022. The law has retroactive effect from 24 February 2022, which means that all those who escaped the war in Ukraine before the law was passed can benefit from its provisions. – Karolina Schiffter and Martyna Krawczyk comment for International Bar Association.
Article: here.
The Ministry of Family and Social Policy is preparing changes in the rules for employing foreigners. The project is not revolutionary, but there are a few simplifications for employers and one controversial solution, which seems not to have been fully thought through by the ministry and may hinder employment of foreigners. – Tomasz Rogala comments for Dziennik Gazeta Prawna.
Article: here.
Today, flexibility at work is one of the primary factors that influence the attractiveness of a workplace. For Generation Z, a certain amount of freedom to fit work hours into their personal life is crucial when choosing an employer. What models of flexible employment can be used? – Katarzyna Witkowska-Pertkiewicz comments for magazine HR Personel i Zarządzanie.
Article: here.