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Will companies benefit from better protection for their employees? The decision was made by the Supreme Court

The Supreme Court received a question whether the employer can reduce accident insurance contributions through efforts to reduce risks in the working environment. This question should be approached comprehensively and if, personal protective measures do indeed reduce or eliminate the risk, they should be taken into account and the answer to the question should be positive. Indeed, it is not essential what measures the employer takes to reduce the risk, even if the use of PPE is generally the least convenient solution for employees. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.

Łukasz Chruściel commented for DGP the day before the Supreme Court resolution, but it turned out that the Court fully shared the presented argumentation.

Article: here.

 

“Grey envelope” for Ukrainians, Polish employers lower wages and pay for work “under the table”

Ukrainian citizens employed by Polish entrepreneurs very often get part of their salary under the table. This is also due to the fact that this is a common practice in Ukraine called the “grey envelope”. This also explains the low wages of Ukrainian citizens listed in public registers – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Article: here.

Copying company data is unfair competition

This time the Supreme Court was even firmer on the issue of copying data to a private computer. The court recognised, that this is not only a breach od basic employee duties, but an act of unfair competition, even of the data has not been disclosed to any third parties. Indeed, there are situations in which the disclosure of data “to oneself” is also unauthorised from the perspective of fair competition regulations.- Paweł Sych comments for Rzeczpospolita.

Artykuł: tutaj.

On call, off alcohol

Employees on call, including those staying at home, are not entirely free to do as they please. Even if they are not actually working, they must be available for work. Therefore, employees on call cannot use alcohol or other substances that would make them unable to report for duty. – Karolina Kanclerz and Zuzanna Janelli comment for Dziennik Gazeta Prawna.

Article: here.

Employment issues in the construction sector

The nature of the construction sector means that the relationship between employer and employee is quite different to that found in office work! We take a look at the specific issues that of most concern to employers in construction. Even if you are a client of a construction firm, these are all worth having in mind.  – Bartosz Wszeborowski and Aleksandra Nowacka for Contact Magazine Online.

Article here.

Chambers and Partners 2023 Employment Ranking

Chambers and Partners 2023 Employment Ranking:

  • PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler among the best law firms on the market (Band 3).
  • Sławomir Paruch among the best lawyers (Band 1).

We would like to thank our Clients and Colleagues whose feedback helped us to be recognised among the best law firms in Poland.

 

Employee can be dismissed on the grounds of data from a company vehicle

The data obtained from GPS can justify taking legal action against employees in the workplace. Therefore, a situation where such data is the basis for termination of an employee’s employment contract by disciplinary action cannot be precluded. Especially since geolocation information consists of hard and objective data, which in practice could clearly indicate employee misconduct. – Robert Stępień comments for Dziennik Gazeta Prawna.

Article here

Will companies benefit from better protection for their employees? The decision was made by the Supreme Court

The Supreme Court received a question whether the employer can reduce accident insurance contributions through efforts to reduce risks in the working environment. This question should be approached comprehensively and if, personal protective measures do indeed reduce or eliminate the risk, they should be taken into account and the answer to the question should be positive. Indeed, it is not essential what measures the employer takes to reduce the risk, even if the use of PPE is generally the least convenient solution for employees. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.

Łukasz Chruściel commented for DGP the day before the Supreme Court resolution, but it turned out that the Court fully shared the presented argumentation.

Article: here.

Polish implementation of temporary protection for persons fleeing Ukraine

Polish implementation of temporary protection for persons fleeing Ukraine – Tomasz Rogala was a speaker at the Training of Lawyers on EU law relating to Asylum and Immigration (TRALIM) seminar, held in Dublin.

This seminar’s objective was to train lawyers from 7 EU Member States (Cyprus, France, Greece, Ireland, Italy, Spain and Poland) on EU immigration and asylum law and was held in conjunction with the European Lawyers Foundation (ELF), Spanish Bar Association, Athens Bar Association, Italian Bar Association, Polish Bar of Attorneys-at-Law, CBA Cyprus Bar Association and Paris Bar Association.

More: here. 

GMI Legal Update: Diia.pl document allowing cross-border travel to become available to Ukrainian children under 13

Shortly Diia.pl document will be available to child refugees from Ukraine. Upcoming changes to Special Bill on help to Ukrainian citizens will allow children under 13 to use electronic document Diia.pl to travel from Poland.

Since end of July 2022 adult refugees from Ukraine can travel e.g. between Poland and Ukraine or within the Schengen area based on an electronic residence permit Diia.pl and valid passport. At the same time, children under 13 years of age are so far restricted from travelling as Diia.pl document is not available to them due to their age.

The changes to the Special Bill will now allow adult refugees to use a separate Diia.pl document for their children. Parents who registered their and their children`s stay with the local administration and downloaded their own Diia.pl document via government mobile application “mObywatel” will be also able to download Diia.pl for their children.

From a technical point of view, obtaining Diia.pl for children will be possible as soon as Polish authorities issue a special communication on this matter, confirming that IT systems are adjusted to new regulation. We expect this to happen in the nearest few weeks.

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