There will be many novelties and changes in labour law in 2023. Some of them will have a significant impact on the IT sector, for example the new remote work regulations. Let’s look closely at the novelties. – Marcin Szlasa-Rokicki and Piotr Kozłowski comment for IT-Leaders.
Article: here.
From the employer’s point of view, the request to be involved as a participant in the proceedings to determine the number of trade union members is the most important one. It allows the employer to attend hearings, submit requests for evidence, and receive access to the proceedings’ files. This is regardless of whether the objections were submitted by the employer or another trade union, or whether the proceedings were started on the basis trade union’s own request. – Sławomir Paruch and Robert Stępień comment for Rzeczpospolita.
Article: here.
How to carry out employment restructuring, how to avoid mistakes in group and individual dismissals, which unfortunately happen quite often. – Sławomir Paruch, Karolina Kanclerz, Ilona Zacharska, Kinga Rozbicka and Kinga Ciosk comment for Dziennik Gazeta Prawna.
Article: here.
The current law on resolving collective disputes was widely criticised by specialists. In response to these opinions, the legislator decided to introduce changes to the law. In this text we will answer if all points raised were adequately addressed and whether the intention to ensure a transparent procedure was fulfilled. Will there be a revolution in collective disputes? – Paweł Sych and Mateusz Krajewski comment for magazine HR na Szpilkach.
Article avialible here.
The commented verdict confirms that in cases where the Social Insurance Institution (ZUS) questions the employment relationship – and social insurance coverage – the court does not only look at the purpose of signing an employment contract. The parties may lawfully sign an employment agreement , even if only for the purpose of providing the employee with social insurance. This is not forbidden and cannot determine the nature of the employment relationship if the provision of work takes place. What is decisive is the fact of performing work for the benefit of the employer while fulfilling the elementary premises of the employment relationship as set out in Article 22(1) of the Labour Code – Sandra Szybak-Bizacka and Mariusz Maksis comment for ius.focus.
Article: here.
It is important to keep in mind that employee’s right to privacy is not absolute, and employers using GPS in company cars should act primarily in a proportionate manner and with regard to their interest. – Robert Stępień and Michal Bodziony comment for Dziennik Gazeta Prawna.
Article: here.
More and more Ukrainian citizens are working in the IT sector. When considering their employment, it is worth to keep in mind, that ensuring legal work may involve certain immigration formalities. The current regulations significantly simplify employment of Ukrainians. Some additional obligations still lie with the employer, and their scope depends on whether the Ukrainian citizen has full access to the job market in Poland, and on what basis they stay in Poland. – Karolina Schiffter comments for IT-Leaders.
Article: here.
According to the government in this model, the attitude of employers, who are the main source of information about PPK for employees, is very important. In companies that have a positive attitude to this programme, the participation is higher. An encouragement could be, for example, a reduction in the mandatory PPK contribution for employers with a high participation rate. – Sandra Szybak-Bizacka comments for Business Insider Polska.
Article: here.
When denying remote work, the employer should not use criteria that could be considered discriminatory or otherwise lead to unequal treatment. – Agnieszka Nicińska-Chudy comments for Dziennik Gazeta Prawna.
Article: here.
Some may view a recent Supreme Court judgment as controversial because the court allowed an employee to keep their sickness benefit even though they received an income from temporary work. The facts of the case revealed that the work was sporadic, and the amount earned by the employee was insignificant. However, the Social Insurance Institution (ZUS) was ostensibly correct in concluding that the employee had improperly used their sick leave. – Łukasz Chruściel comments for Rzeczpospolita.
Article: here.