HR Signal: The EU Whistleblowing Directive

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Needs and challenges of remote work model implementation in private companies

The regulations so far were quite limited and minimal. They were sufficient for the most part and there was no need to regulate remote working in such detail. Practice will soon show if this will result in moving away from remote working and returning to stationary work as was the case with teleworking previously in force. – Paweł Sych comments in an interview with Union of Entrepreneurs and Employers.

Interview avialible: here.

Rzeczpospolita’s Law Firm Ranking 2023

PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler with three awards in the XXI Ranking of Law Firms by Rzeczpospolita:

🔹PCS | Littler – Leader – employment law – Band I – Large law firms

🔹Sławek Paruch – Leader – employment law – Band I – Large law firms

🔹PCS | Littler – Distinction – Innovative Solutions – Marketing

We want to extend our gratitude to the entire PCS Paruch Chruściel Schiffter Stępień Chancellor | Littler team – Human Matters!

 

We would also like to thank our clients and the legal community at large and congratulate all other awardees for their well-deserved recognition!

Untouchable workers. Companies trapped in forced employment

According to the current legislation, if an employee seeks reinstatement after wrongful termination, the court of first instance, following a judgement favourable to the employee, may order their continued employment until the case is resolved by the court of second instance. No new contract is signed, as the employment results from the court’s decision. The work will be performed under terms and conditions in force before the employee was dismissed. – Paweł Sych comments for Business Insider Polska.

Article: here.

Unfortunate emoticons can be recognised as bullying

Some employers recognise this risk. Those who have already introduced regulations for employee communication on social media are considering extending them to include rules for internal communication with a particular focus on intergenerational differences and varied associations with popular emoticons used in communication. – Bartosz Tomanek comments for Dziennik Gazeta Prawna.

Article: here.

Does the new probationary contract tie employers’ hands?

Previously, the employer had the right to conclude a probationary agreement for a maximum of three months without any additional conditions. Now, to conclude such an agreement, there must be an “intention” on the employer’s part, to conclude a subsequent employment contract for indefinite duration or a fixed-term employment contract (for a period not shorter than 12 months) with the employee. Employers have doubts as to whether an employee with whom they conclude a probationary contract for three months will be able to demand a subsequent contract of that length.

In our opinion, in such a situation, the employee will not be able to request a subsequent contract.. read the text to find out why . – Sławomir Paruch and Kinga Ciosk comment for Dziennik Gazeta Prawna.

Article: here.

Can labour inspector enter employee’s home? Rules for remote working checks

Statutory regulations for remote working have already been here for over two months. Therefore, it’s time to take a closer look at what National Labour Inspectors can and cannot do in terms of remote working checks. Should employers be concerned? – Slawomir Paruch, Krzysztof Gąsior and Kinga Rozbicka comment for Dziennik Gazeta Prawna.

Article: here. 

Can a company ask if the employee has another job?

As of 26 April this year, employers can no longer prohibit their workers from any additional employment. Restrictions under non-competition agreements are permissible. In the context of the new provisions there is a question whether they exclude or limit the broadly defined loyalty to the employer that stems from the widely understood duty to care for workplace welfare. – Sławomir Paruch and Anna Kencel comment for Rzeczpospolita.

Article: here.

GMI Legal Update: Ukrainian children under 13 can now benefit from Diia.pl document for cross-border travels

Polish authorities have issued a special communication. It confirms that starting from 5 June 2023 adult refugees from Ukraine are now able to download a separate Diia.pl document for their children under 13 which was not previously possible. We had flagged that work in this area was underway here.

Official governmental application “mObywatel” where Diia.pl is available now includes a new tab “Children”. The electronic document for child refugees from Ukraine can be downloaded here. Before the document becomes available, the application will prompt the user to provide a few formal consents.

The access will be granted only to parents whose PESEL “UKR” numbers are linked to the children`s PESEL “UKR” numbers. In other words, Diia.pl for children cannot be used by parents who were not declared as guardians of children when registering the child with the local administration.

Due to the aforementioned changes, Ukrainian refugees of all ages are now able to travel freely. They can visit any Schengen country (within Schengen visa-free time limits) or return to Schengen area from third countries, including Ukraine. For this purpose, they can use the electronic residence permits Diia.pl and their valid passports.

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