Work on the implementation of EU directives designed to help employees achieve work-life balance has finished. During the legislative process, the most controversial issue was the nine weeks long parental leave only for fathers. But not only parents gained additional rights. Employers should take notice of the expanded offences catalogue. If they do not take the new employee rights into account, or they do not justify refusal to subordinates’ requests, they may be fined. – Sławomir Paruch, Agnieszka Nicińska-Chudy and Kinga Ciosk comment for Dziennik Gazeta Prawna.
In 2019 employers had to reorganize their workers files and start keeping additional documents. Now further changes are coming, this time due to the introduction of provisions on employee alcohol and drug testing and remote working to the Labor Code. That is not the end of the story. Regulations on transparent and predictable working conditions and work-life balance will follow soon. – Sławomir Paruch and Anna Kencel comment for Rzeczpospolita.
On 7 April this year, new rules on remote working will come into force, and among them the obligation to reimburse employees for their remote working expenses. Many employers are unsure how to calculate this correctly. For example, they want to proportionally reduce the reimbursement for absences from work. This meticulousness is supposed to protect them from potential ZUS or tax offices accusations of overstating the reimbursed costs or lump sums and having to pay outstanding contributions or income tax , which after a few years may be a considerable amount. Are these fears justified? Or are they o bit over the top? – Sławomir Paruch and Paweł Sych comment for Dziennik Gazeta Prawna.
After two years of work, seven days before the regulations enter into force, a fairly basic issue arises – the application of work in front of a monitor regulations, says Bartosz Tomanek from PCS | Littler law firm. It will be interesting to see how, and how quickly the ministry gets out of this, because it is important for companies that will be applying the new regulations in just a few days’ time. – Bartosz Tomanek comments for Dziennik Gazeta Prawna.
PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler for the second time listed by Forbes Poland among the “Most Recommended Law Firms – Best Law Firms 2023” in the employment law category.
The list was based on recommendations of lawyers working in law firms (peer-to-peer survey) and business clients for 25 different areas of law. More than 15,000 Polish legal experts were invited to participate in the survey carried out online by Statista from 26th September to 11th November 2022.
Thanks to our peers for this recognition, and congratulations to all fellow law firms who made it to the list!
In my opinion, a recent Supreme Court ruling on compensation for a non-compete clause is questionable. The whole of paragraph 2 of the social security contribution regulation is set up for employees – there is no mention of contractors in this paragraph. Thus, adopting the interpretation prescribed by the Supreme Court would in essence mean that all of paragraph 2 should not be applied to contractors, because individual provisions of the paragraph refer to employees or other elements typical of an employment relationship. Arguably, the Supreme Court has failed to acknowledge that these provisions should apply mutatis mutandis to contractors, which flies in the face of the legislative intent. – Łukasz Chruściel comments for Rzeczpospolita.
On 9th March 2023, the Sejm approved some of the changes to the bill amending the Labor Code proposed by the Senate and enacted the bill. The amendment, awaited since August 2022, transposed the provisions of two EU directives on transparent and predictable working conditions in the European Union and work-life balance for parents and caregivers (“work-life balance”). The changes concern the following areas:
1. Fixed-term employment contracts;
2. Probationary employment contracts;
3. Taking up additional employment by employees;
4. Equal treatment in employment;
5. New information duty concerning terms and conditions of employment;
6. Carer’s leave;
7. Parental leave;
8. Paternity leave;
9. Force majeure leave;
10. More transparent and predictable working conditions;
11. Flexible work organisation;
12. Employer-provided training;
13. Work breaks;
14. Employment protection for working parents.
How to fill in the tax return? Who should pay for housing provided to Ukrainians by the local authorities? How to apply for a residence card in Poland? – Aleksander Dżuryło answers the questions in an interview for Polskie Radio.
As a general rule, transition to remote working does not change employees’ working time. The same rules apply to stationary employees as to those who will be working remotely fully or in part. According to the Labour Code every employee, regardless of the organisation, the type of work, and the time system ich which they work, is entitled to daily and weekly rest from work. – Katarzyna Witkowska-Pertkiewicz and Michalina Lewandowska-Alama comment for IT-Leaders.
Employment Restructuring 2023 – a guidebook published jointly with Rzeczpospolita. It answers many questions about how to effectively apply various corrective measures and carry out the restructuring process in a company.
The guidebook covers such issues as:
How to modify the terms and conditions of employment?
Non-wage benefits – how to attract the best employees.
Working time.
Remote working regulations in the Labor Code.
How to terminate an employment relationship?
Voluntary separation scheme.
Transition from employment contract to B2B.
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