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Each public office counts the lump sum for remote working differently. Companies are more generous

Information from the public administration best demonstrates that everyone calculates the remote working lump sum differently and there is no single correct way to determine the amount of reimbursement for increased remote working costs. Employers avoid justifying these calculations in detail, only indicating what the lump sum compensates for. – Bartosz Tomanek comments for Dziennik Gazeta Prawna.

Article: here.

Are you a parent? Do not miss this deadline and you might get a couple thousand zlotys

From Wednesday 26 April, allowances for maternity and parental leave will change. Parents who are currently taking the latter leave will benefit. In their case, the recalculation of benefits is particularly profitable. They may gain a total of several thousand zlotys. This will depend on whether they submit the right application within a rather short deadline. It is not common knowledge, there is a lack of information about such significant change in the rules of payment, and the new regulations are about to enter into force. – Karolina Kanclerz comments for Business Insider Polska.

Article: here.

New obligations and fines for employers. On 26 April an amendment to the Labour Code comes into force

Contrary to employers’ fears, there will be no obligation to provide every full-time employee with new information on terms and conditions of employment. According to Article 22 of the amendment to the Labour Code, in relation to employees whose contracts are valid on the effective date of the new regulations, i.e. 26 April 2023, employers will only be required to supplement the contracts at the employees’ request. Employers using temporary workers will have a shorter period to submit the relevant information to the temporary employment agency, as it will be two months from the receipt of the request. – Bartosz Tomanek comments for Dziennik Gazeta Prawna.

Artykuł tutaj.

GMI Legal Update: Polish temporary protection for Ukrainians will be extended

The Sejm adopted another package of amendments to the Ukrainian special bill. Below
we present the most important of the planned solutions:

  1. The period of temporary protection will be extended by law until 4 March 2024.
  2. However, some of the Ukrainian refugees will be able to stay in Poland for longer. The stay of under-age children who will go to kindergarten or school on 4 March 2024 and their parents or guardians will be considered legal until 31 August 2024. Under-age high school graduates (who take the baccalaureate at the revised deadline) and their parents or guardians, in turn, will be allowed to stay in Poland until 30 September 2024.
  3. The validity of national visas and temporary residence permits held by Ukrainians will also be automatically extended until 4 March 2024. This applies to documents whose validity would normally end on 24 February 2022 at the earliest.
  4. Until 4 March 2024, the stay of Ukrainian citizens residing in Poland on the basis
    of Polish Schengen visas, visas or residence permits issued by other Schengen states or visa-free regime will also be considered legal if the last day of their permitted stay on this basis fell within the period from 24 February 2022.
  5. The special protective mechanism eliminating the risk of a negative decision on
    a temporary residence permit cases will also be extended until 4 March 2024. In case of not meeting criteria for a residence permit, an applicant will receive a separate type of residence permit for only 1 year (subject to exceptions).
  6. The suspension of deadlines for the processing of cases concerning residence permits for foreigners will also be extended until 4 March 2024. Thus, the possibility to combat inaction of the authorities or protracted proceedings in such cases will be further restricted.

The bill will now be taken up by the Senate. The amendments will enter into force 14 days after their publication in the Journal of Laws.

We will report on further developments on our LinkedIn profile.

Download PDF here.

Artificial Intelligence can do a lot, and also spread company secrets

The data provided to Chat GPT may be considered personal or confidential information. Disclosure of such data may be the basis for termination of the employment contract with the employee, as well as liability under other titles, e.g. due to the violation of company secrets. Employees should therefore be aware that openness to new technologies can cost a lot – and not only for the employer, but also for themselves. – Bartosz Wszeborowski and Kinga Krzysztofik comment for prawo.pl.

Article: here.

Remote work: the comfort of home does not always protect against mobbing

Considering various aspects of remote or hybrid working – which for many employees is currently more common that working from the office – it must be remembered that every employee has the right to a workplace (In a broader sense than just the place where they work) free from illicit pressure, discrimination, and harassment, where their personal well being will not be violated. – Katarzyna Witkowska-Pertkiewicz and Michalina Lewandowska-Alama comment for Rzeczpospolita.

Article: here.

Disciplinary notes, yellow cards, penalty points – can employees be disciplined that way?

Can employer use other tools than disciplinary penalties or is this the only possible tool? The question is whether the employer is entitled to discipline workers using tools that are not explicitly provided for in the Labour Code, such as disciplinary notes, “yellow cards” or “penalty points” – Karolina Kanclerz, Paweł Sych, and Łukasz Marzec comment for HR na Szpilkach magazine.

Article: here.

Employees in social media

Employees’ social media activity gets more attention from employers and recruiters who are checking profiles more often. Is it legally possible to verify employee’s social media activity and use this data to draw consequences against the employee? – Paweł Sych and Patryk Kozieł comment for the quarterly “ABI EXPERT”.

Article here.

Remote work vs business travel. The discussion continues

It the place criterion was sufficient to establish business travel, we would be dealing with it in the case of the question at hand. However, if we additionally consider the premise of a business order, the answer can be twofold. Much depends on the employee’s freedom to organise their work. If the employee’s duties require their presence in the office at a certain frequency, we would have to consider if we are not dealing with hybrid working. Even if the employee goes to the office only once a week, this still leads to the conclusion of remote work performed only partially at the location indicated by the employee, and then the travel between those locations will not be considered business travel. – Slawomir Paruch and Anna Kencel comment for Dziennik Gazeta Prawna.

Article: here.

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