For many years Karolina has been actively engaged in the work of the IBA Immigration and Nationality Law Committee, which provides a forum for discussing the immigration policies of countries around the world.
The IBA is currently the largest legal organization, bringing together more than 80,000 lawyers and 190,000 legal organizations across 170 countries.
Congratulations and best wishes for successful work with the IBA!
More: here.
The new provisions on alcohol and drug tests, specifically article 22(1h) added to the Labour Code, state that employers may also check the sobriety of other individuals performing work on a basis other that employment or self-employment, whose work is organised by those employers. However there are some doubts as to how they will be able to test sobriety of individuals employed by their subcontractors, who perform work on their premises. – Paweł Sych and Bartosz Wszeborowski comment for Dziennik Gazeta Prawna.
Article: here.
It will be a challenge for employers to regulate the rules for determining the amount of reimbursement for the costs of remote work. The new regulations are very vague in this respect, so we expect guidelines on how these lump sums should be calculated, so that after five years, a tax office or a Social Insurance Institution (ZUS) inspection will not decide that the reimbursement was too high, and that tax and contributions have to be paid on the excess amount. – Bartosz Tomanek comments for Dziennik Gazeta Prawna.
Article: here.
On 8th February 2023 the Polish Parliament passed a long-awaited amendment to the Labour Code concerning the provisions of two EU directives on transparent and predictable working conditions in the European Union and on work-life balance for parents and caregivers. Here are the major changes that employers need to look out for in the months to come.
Download the PDF here.
The necessity to deduct social security contributions from non-compete compensation for managers results in higher costs for the employer and a lower amount of net compensation for a contractor, compared to an employee with the same gross compensation. The Supreme Court’s recent stance on the matter is controversial in the light of social security contribution legislation – Robert Stępień and Sandra Szybak-Bizacka comment for Dziennik Gazeta Prawna.
Article here.
We would like to invite you to the Annual Conference on European Immigration Law 2023.
The aim of this conference is to provide legal practitioners with an update on recent developments in the EU legal migration system and the mechanisms put in place to tackle labour and skills shortages and to reinforce the attractiveness of the EU for key workers. It will give them with the opportunity to discuss current developments and legal reforms with high-level experts in the field.
Karolina Schiffter will present the topic: Lawyers’ response to the war in the Ukraine and the issues ahead.
Date: 19-21 April 2023, online.
The conference is organized by: ERA Academy of European Law.
Details and registration: here.
It is still possible to submit hard copy documents to ZUS. However, under Article 47a(2) of the Social Security Act, it is limited to micro-businesses only, i.e. those paying contributions for up to five people. However, the legislator’s keenness to fully digitalise public body processes should be taken into account. This is also the case for the Social Insurance Institution (ZUS), where every social security contribution payer is already required to have an account in the ZUS PUE information system, ZUS can use this channel for electronic document delivery. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.
Article: here.
The latest (third) version of the draft law on the employment of foreigners has been published on the website of the Governmental Legislation Centre on February 5, 2023. All indications are that we will have to wait for electronic proceedings on the legalisation of work of foreigners. Perhaps even a few years…
Work on the provisions of the bill is ongoing. The milestones from the first version of the bill, such as the abolition of the labour market test, changes in the conditions for issuing work permits, tightening of criminal provisions and full electronization of procedures in cases of employment of foreigners, are gradually being supplemented with new solutions.
The current version of the bill regulates (albeit minimally) the issue of remote work of foreigners in Poland for foreign entities.
It also allows the freedom to employ certain groups of foreigners wrongly omitted in earlier versions of the bill, despite the fact that they have the right to work under the current legislation. This concerns, for example, family members of Polish citizens returning with them to the country after having exercised their right of residence in another EU country and certain holders of temporary residence permits for the purpose of family reunification.
The most significant changes, however, concern transitional provisions.
The authors of the bill postponed the entry into force of the new provisions until 1 January 2024.
The full electronification of procedures for employing foreigners is, in turn, to take place no later than 2 years from that date.
Specific dates for the electronization of individual procedures (e.g. filing of appeals, notifications regarding work permits) will be provided by the minister labour minister in the form of relevant announcements. Until then, from the date of entry into force of the new regulations, proceedings are to be conducted in the currently available forms, including “in paper”.
We will continue to follow the development of the bill. We will also keep you informed of any significant developments.
Karolina Schiffter was once again recognized as Global Elite Thought Leader – Corporate Immigration 2023 in Who’s Who Legal. Karolina is the only lawyer from Poland to have been awarded this prestigious title.
This award is reserved for the most distinguished practitioners of immigration law from around the world. Congratulations to Karolina!
More infromation: here.
More important than settling the costs of remote working will be ensuring the confidentiality of documents and information processed by remote workers. It is also important to ensure general supervision of the workplace (so that in case of emergency it would be possible to call the employee to the office in a timely manner), and to regulate issues such as delivery of correspondence. – Sławomir Paruch comments for Rzeczpospolita.
Article: here.