Month: December 2022

Sandra Szybak-Bizacka – attorney-at-law, Marcin Szlasa-Rokicki – attorney-at-law, Bartosz Tomanek – advocate join PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler partners team.

Sandra Szybak-Bizacka is the head of a Compensation & Benefits and Employee Capital Plans Team. She knows all about payroll. She helps clients understand the complexities of working time, including overtime work, supports them in implementing and changing internal regulations and assists them in relations with trade unions.

What does being a partner at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler mean to you?

The title of partner honors all my professional career, dedication, and passion for work. It’s a great honor, but also a responsibility and obligation to our partners and clients to provide the highest level of service, take on challenges and continue to grow. Thank you for trusting me.

The best career advice you’ve ever received

For me personally, it’s important to find new opportunities and possibilities in every situation, even in those that might seem unprofitable or disadvantageous. Do not fixate on one predetermined direction and strategy, just be open-minded and adapt to the ever-changing circumstances.

 

Marcin Szlasa-Rokicki is the head of a Litigation Team, currently supervising hundreds of court cases. He creates court strategies and implements them efficiently. He assists clients from the very beginning of a dispute, participating in settlement talks, mediation, negotiations, internal investigations and the work of anti-bullying committees. Marcin helps clients in handling employee dismissals and redundancies to protect them against potential future litigation.

What does being a partner at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler mean to you?

The title of partner is a new beginning and a huge commitment to not only partners and employees, but also our clients. It’s also a challenge, especially due to the dynamic changes in labor market and employment law which specifically affect HR issues. I have no doubt that with the kind of Team I have the pleasure of working with, we’ll rise to the challenge.

The best career advice you’ve ever received

“Don’t give up” and “It’s important to do what you love”. The first piece of advice refers to the determination in pursuing one’s goals and dreams in both professional and private life, despite all the obstacles that come along the way. The second piece is a great barometer of what we’re supposed to be doing in our life. I consider employment law as a passion of mine and cannot picture myself doing anything different. I appreciate that I’m able to do something which gives me satisfaction and enthusiasm, and PCS | Littler is the best place for doing exactly that.

 

Bartosz Tomanek is the head of the Gdańsk Office and advises employers on compliance issues. He specializes in assisting internal investigations, in particular those concerning workplace bullying, discrimination, harassment and managerial abuse. He helps entrepreneurs in implementing internal whistleblowing regulations, incentive and retention programs, as well as employment structures based on B2B contracts.

What does being a partner at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler mean to you?

The title of partner carries great distinction but also a  major commitment. A commitment to our clients, and to our whole Team, not only to those in the Gdańsk Office which I supervise. Being a partner is a commitment to providing substantive support, motivating others to do their best at work and help them find and realise their potential. Moreover, partner promotion leads to new business opportunities. I will seize them and do my best for our clients and PCS | Littler.

The best career advice you’ve ever received

“Be brave!” – I’m happy to share it with anyone who asks me for advice. PCS | Littler creates an environment conductive to making bold assertions and strategies that reach beyond the mainstream. Lawyers at PCS | Littler have repeatedly proven their ability to do things that other law firms considered impossible. We are a living example that where there’s a will, there’s a way. This is a key value of our Team, which I would like everybody to share, as I consider it both edifying and empowering.

Overemployment is an emerging trend of working full-time for two or more independent employers at the same time. The global trend is a response to technological changes and related increased demand for professionals resulting in the necessity to provide more flexible work environment. This is particularly true in the IT sector, which is leading the way in the number of full-time jobs. Working for 2 or 3 employers at the same time, is becoming a reality that must be faced. – Bartosz Tomanek and Mateusz Krajewski comment for IT-Leaders.

Article: here.

THE EMPLOYER MAY REQUIRE THE WEBCAM TO BE TURNED ON AND USE VIDEO MONITORING

Rechtbank Zeeland-West-Brabant ruling of September 28, 2022 in case 10072897 AZ VERZ 22-61

On September 28, 2022, a Dutch court (Rechtbank Zeeland-West-Brabant) examined the case of a dismissed employee who refused to turn on a webcam during an online training session.

The ruling confirmed that the employer:

• May require an employee to turn on a webcam during online meetings,
• May use video monitoring in justified cases provided by law.

The court distinguished between two tools of employer control – video monitoring and the obligation to turn on the webcam, pointing out the slightly different conditions for their compliance with the law.

An employee who fails to carry out  their employer’s requests compliant with these conditions can be in breach of their basic employment duties, which may lead to  negative consequences..

Background of the case – the employee was employed by an American telemarketing company with a branch office in the Netherlands. He worked remotely and did not visit the office. The employer required him to participate in online training session and to remain logged in throughout the workday with a shared screen and a webcam turned on. He refused to turn on the webcam on the grounds that it was a violation of his privacy and that he felt uncomfortable being monitored for nine hours a day. As a consequence,  the employer handed him a notice of termination.

The employee went to court demanding the revocation of his termination, compensation for wrongful termination and continued payment of wages.

The Dutch court partially agreed with the employee’s arguments, primarily as to the legitimacy of the termination and the reasons justifying it.

The employer’s request to leave the webcam on throughout the workday violated the employee’s privacy and was not considered reasonable. The Dutch court cited CJEU case law, according to which video surveillance of an employee in the workplace is a significant intrusion into his private life, requiring justification.

The court ultimately awarded the employee compensation.

PCS | Littler’s Comment

The ruling was made by a Dutch court, but Poland applies the same privacy protection standards  as the Netherlands due to the ratification of the same legislative acts. Thus, it is possible that the Polish court’s ruling would be similar. The outcome could have been quite different if the employer had set particular time limits for keeping cameras on and/or justified it better.

However, refusing to attend meetings or training sessions could constitute a violation of the employee’s duties, and thus have negative consequences for the employee. The opportunity to see the other person during online meetings is a value rightfully protected by the employer – such a practice is often required by business and social etiquette. During an online video call  an employee can convey much more through non-verbal communication, express avid interest in the meeting and show respect for other participants– and, therefore,  clients and business partners of their employer.

The court agreed with the employee on the issue of dismissal, while at the same time confirming the legitimacy and legality of the employer’s practices.

An employer has the right to supervise an employee, including when working remotely, and this supervision can, in our view, include:

• A request to turn on a webcam for the duration of a meeting or training, and
• using video surveillance in compliance with the terms of the Labor Code.

The right to privacy cannot prevent the use of these lawful surveillance tools. During workhours, an employee working remotely is obliged to comply with their employer’s requests as if they  were in the office.

This is a revolutionary ruling that spikes the guns  of all employees who refuse to obey a lawful request of their employer for no apparent reason.

I have no doubts that the requirement of sobriety during working time justifies carrying out tests during remote working. The new legislation allows for such tests to be taken if they are necessary to ensure protection of life and health of employees or other persons, or the protection of property. – Paweł Sych comments for Dziennik Gazeta Prawna.

Article: here.

Unfortunately, it is the parents who are losing out on the delayed implementation of the directive. Many of them will not benefit from the new regulations that introduce additional, non-transferable part of parental leave – nine weeks – which in most cases would be taken by the father. They will not be able to request the additional nine weeks, even though they have a child who is not six years old yet. – Kinga Krzysztofik comments in Dziennik Gazeta Prawna.

Article: here.

How can Ukrainians start working in Poland? Who can obtain a Residence Card? What does the profile of Ukrainian employee look like? – Aleksander Dżuryło answers these and other questions related to employment in Poland in an interview with Polskie Radio.

Interview available: here.

Yesterday the Polish Parliament enacted the long expected law on remote work and alcohol and drug tests.

What is new in remote work?

• regulations will enter into force 2 months after the date of publication (Q1 2023),
• remote work may be carried out wholly or partly at location indicated by employee and agreed withemployer,
• the employers will be able to monitor employees at the location of remote work,
• employers will be obliged to cover the costs of remote work (lump sum/equivalent),
• occasional remote work will amount to 24 days per year.

What is new re: sobriety checks?

• the regulations will enter into force 14 days after the date of publication (possibly December 2022/January 2023),
• employers will be able to introduce sobriety checks for alcohol and other drugs if it is necessary to ensure protection of life and health of other employees or bystanders or the protection of property,
• employers will use certified breathalysers or drug tests for the test,
• sobriety tests will also be applicable for remote workers.

We have been preparing for those changes for a long time and have developed recommendations & solutions that fully meet the requirements of the new laws.

We are ready to support you in adapting to the new legislation. We recommend acting now.

Feel free to contact your Partner at PCS | Littler.