Month: October 2023

Although the topic of Ukrainian refugees was used in various ways in the last election campaign, the risk of ending the temporary protection is very low in my opinion, especially after the change of government. From a legal perspective, decisions issued by the EU institutions are binding and their implementation cannot be restricted by national laws. This means that Poland will have to comply with the EU decisions and extend the protection for Ukrainian citizens for another period of time. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

The article in Polish is avialible: here.

Browse through brief employment and labor law updates from around the globe.

The latest headlines from Poland contains the following topics:

• Mandatory Reinstatement for the Duration of the Trial.
• Employees Exempt from Court Fees.
• Supreme Court Cases on the Sunday Trading Ban.

Authors: Miłosz Awedyk and Michał Olejniczak.

If you would like to receive a full copy of this report, please get in touch with your usual contact at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler or write at: perspektywhr@pcslegal.pl

On October 24, 2023, a formal decision of the Council of the European Union was published in the Official Journal of the EU to extend temporary protection for people displaced from Ukraine due to the armed conflict in Ukraine until March 4, 2025. Link to the decision: here.

In its decision, the Council indicated that approximately 4 million displaced people from Ukraine are currently benefiting from EU temporary protection (in all EU countries) and due to the possible further escalation of the Russian-Ukrainian conflict, a further rapid influx of them is likely, which justifies extending the protection for another year.

The extension of European temporary protection does not mean an automatic extension of the rights granted to Ukrainian citizens in Poland by the Polish special law on assistance to Ukrainian citizens in connection with an armed conflict on the territory of this country. In connection with the so-called UKR status. As a rule, the rights arising from the Polish special act – in particular the right to stay legally in Poland – are currently in force until March 4, 2024.

We expect that, as a result of the decision of the EU Council, the Polish Special Act will also be amended in the coming months and the rights arising from it will be extended until March 4, 2025.

In the discussed case, the court investigated whether working time must be considered when determining workers’ remuneration. On the basis of this judgement, it must be recognised, that part-time employees must have their salary and bonus requirements reduced proportionally, otherwise they are put in a less favourable position for no reason. Additional remuneration and bonuses must be equally accessible for all employees. – Sławomir Paruch and Oskar Kwiatkowski comment for Dziennik Gazeta Prawna.

The article in Polish is avialible: here.

In practice, we often see copyright clauses where the employee or contractor is to transfer the copyright of ideas and concepts to the company. Such clauses create a false belief that on the part of the employer everything is secure, their interest Is fully protected, and the topic is covered. Why such belief may be wrong? – Jakub Grabowski comments for IT-Leaders.

The article in Polish is avialible: here.

One of employers’ primary duties is to prevent mobbing at work. Remote work does not exempt from this obligation. Many employers expanded their anti-mobbing procedures to include aspects related to remote working. If a mobbing victim comes forward, it will be easier to demonstrate that actions were taken to prevent unwanted behaviour, and that they were realistic and took into account the specificities of remote working. – Karolina Kanclerz comments for kobieta.rp.pl.

The article in Polish is avialible here.

As of 28 September, new rules on fees related to labour law proceedings are in force. The new regulations will not only make it easier for employees to pursue claims. In certain situations, we may have to deal with unjustified ease or even freedom to raise excessive claims by employees. What is more, an additional, new form of employment protection has been introduced with respect to some employees – essentially an automatic reinstatement in the job. Krzysztof Gąsior on the latest changes to employment law in Poland for BIZNES24.

The interview in Polish is avialible here.

Polish labour law already contains regulations which provide employees with the right to time off. Unfortunately, the law is often at odds with practice. Most employees declare that they feel pressure from their superior to answer calls after work and to be available all the time. Therefore, before the legislation is in place, it is necessary to address the needs of employees at their level and take action to solve the problem. – Karolina Kanclerz comments for kobieta.rp.pl.

The article in Polish is avialible here.

Recent amendment to the act introduces a new 14-day deadline for addressing a dismissal or change in terms and conditions of employment of protected employees in companies created as a result of cross-border reorganization. We also look at the consequences of labour inspector’s refusal to consent to termination – here case law allowing termination despite lack of consent may be invoked. – Sławomir Paruch, Miłosz Awedyk, and Katarzyna Fedoruk comment for Dziennik Gazeta Prawna.

The article in Polish is avialible here.