The Council of Ministers is to be given an additional tool to control the labour market. According to the new bill, the Council will have the power to issue regulations setting out quotas for the headcount of Polish and non-national employees in a given company – Karolina Schiffter comments for Dziennik Gazeta Prawna.
Article here.
The Ministry of Family and Social Policy is planning to limit the possibility for Russians to work in Poland, starting from October. The exact date of the changes is not known yet. So far, Russian citizens have been able to undertake work under simplified rules. The changes are related to other sanctions introduced earlier by European Union countries (including Poland), e.g. restrictions on the issuance of visas or limitations on the possibility of entering Poland for certain groups of Russian travelers.
It is planned to remove Russia from the list of countries whose citizens can perform work on the basis of a declaration on entrusting work to a foreigner (registered by the employer at the local labor office). Currently, this type of document allows a foreigner to work for a period of up to 24 months, and its registration usually takes only a few days. This is a much faster solution than obtaining a work permit for a foreigner. Issuing a work permit takes up to several months – the awaiting time varies between regions in Poland.
Depending on the final shape of the adopted regulations, not only newly employed foreigners may lose the possibility to perform work on the basis of the declaration. Also, Russian citizens who have already started work on the basis of the declaration may also lose this possibility. The text of the new regulation has not yet been published. If the new regulation does not contain appropriate solutions for transition period, foreigners from Russia will have to stop working after the new regulations come into force, until a work permit is obtained for them.
Depriving Russians of the right to work on the basis of the declaration will extend the process of their possible employment, but will not prevent it. It will still be possible to obtain a work permit for a foreigner from Russia instead of the declaration. However, the awaiting time for a foreigner to start work will be significantly longer due to the longer time needed to obtain a document legalizing work in Poland.
Our team constantly monitors changes in Polish immigration law and will follow the progress of work on the removal of facilitations in the employment of Russians.
Can public criticism of employer’s decisions be considered a serious misconduct, and at the same time be grounds for termination of employment without notice? Is public criticism of employer allowed and, if so, under what conditions? – Mariusz Maksis comments for Rzeczpospolita.
Article here.
This is what the EU Court of Justice has ruled. We will soon see how this will affect the rulings of Polish courts, which have so far accepted that these hours should not be added up which in practice means more freedom for employees to shape their employment. – Małgorzata Bielańska comments for Dziennik Gazeta Prawna.
Article: here.
Some companies decide not to wait and resort to different strategies, for example, they enter into a contract for services (umowa zlecenie) with employees until the examination is carried out. But this can be considered as bending the law. Such a contract cannot simulate an employment relationship. – Miłosz Awedyk comments for the Dziennik Gazeta Prawna.
Article: here.
There is no doubt that an employee’s actions, even after working hours, can damage the welfare of the workplace, including damaging the company’s reputation and scaring off potential customers or employees – lawyers explain. – But even more important in this context is the aspect of ensuring compliance with the rules of social coexistence and looking after the interest of employees. The resulting actions often violate the personal well-being of other employees and their sense of safety or comfort at work. – Paweł Sych and Bartosz Wszeborowski comment for prawo.pl.
Article: here.
Payment in cryptocurrency is possible only if the company’s collective agreement provides for it. This means there must be trade unions in that company – because such an agreement cannot be made without them. – Slawomir Paruch comments for Rzeczpospolita.
Article: here.
A growing number of employers are facing pay rise requests caused by rampant inflation and decreasing purchasing power. Frequently, such demands are also made for employees by trade unions, who sometimes even initiate industrial disputes over this issue. It is up to employers to decide about pay rises but, before doing so, they should check whether company rules and regulations include provisions on annual inflation-linked pay rises – Bartosz Wszeborowski and Kinga Ciosk comment for Dziennik Gazeta Prawna.
Article: here.
All of the circumstances must be taken into account when determining when the employer became aware of the misconduct. The time limit will only start to run when the relevant information has actually reached the employer. Whether or not other employees knew about the misconduct is irrelevant – Patryk Kozieł comments for Rzeczpospolita.
Article: here.
Workplace bullying can happen at work or in connection with work. However, the legislation does not specify where exactly the bullying may take place. Therefore, there is no reason to assume that the abuse can only happen in direct contact. – Katarzyna Witkowska-Pertkiewicz comments for IT-Leaders.
Article: here.