Month: November 2023

We are excited to announce the launch of the 6th annual Littler European Employer Survey Report!

Completed by 780 HR executives, in-house attorneys and business leaders, the report explores how European employers are responding to changes in workplace management, policy and culture.

Read about how executives are navigating new pressures around flexible work models, AI adoption, regulatory changes, divisive social issues and more here. 

About Littler

With more than 1,800 labour and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow.

The parties in labour law proceedings are usually the employee (or the trade union, or Social Insurance Institution) and the employer. The correct identification of the employer entity may be problematic, and a mistake can result in losing the lawsuit. This applies particularly to companies with multiple entities or Polish and foreign branches. – Karolina Kanclerz and Marcin Szlasa-Rokicki comment for infor.pl.

The article in Polish is avialible: here.

The material has been published in the book “Employee and Employer in Court”.

The new provisions of the Labour Code implementing the Directives of the European Parliament and the EU Council have limited room for the possibility for an employee to take legal action for their infringement. However, this does not mean that an employee is not allowed to sue on this account. It is important for employers to be aware of the potential consequences of violating the new work-life balance provisions of the Labour Code, and to have adequate tools in case of employees’ possible claims. – Marcin Szlasa-Rokicki and Julita Kołodziejska comment for infor.pl.

The article in Polish is avialible: here.

The material has been published in the book “Employee and Employer in Court.

From Monday, November 20, 2023, new minimum monthly remuneration thresholds apply for employees posted to Poland based on a work permit – from PLN 3,799.47 gross in the Warmian-Masurian Voivodeship to PLN 5,255.99 gross in the Masovian Voivodeship.

In order to maintain compliance with Polish posting rules, foreign employers who already post employees to Poland based on a work permit should adjust the amount of remuneration of posted employees to the current thresholds.

Providing remuneration not lower than the current minimum threshold is also a necessary condition for obtaining a new work permit for an employee posted to Poland.

The new minimum remuneration thresholds follow from the publication of the announcement of the President of the Central Statistical Office on the average monthly gross salary in the national economy in voivodeships in 2022. Link to the announcement (in Polish) here.

 

After 25 years, it is time for changes to the equipment and facilities provided to employees. From 17 November 2023, health and safety rules for working with screen monitors have been changed. This means additional obligations for employers, and new rights granted to employees. – Karolina Kanclerz and Zuzanna Janelli comment for Dziennik Gazeta Prawna.

The article in Polish is avialible: here.

Working simultaneously for several employers negatively affects the efficiency and may result in quality reduction of performed tasks, and, intentionally or unintentionally – in the disclosure of know-how used within a company. A number of risks may also arise from the use of company equipment to provide services for different companies.- Michal Bodziony and Kinga Ciosk comment for IT-Leaders.

The article in Polish is avialible: here.

The Supreme Court held that the exclusion of the period of employment with a private employer when determining the right to a jubilee award is unjustified. Such a provision in the internal regulations of the workplace is not binding. Employers creating or modifying remuneration regulations, the amount of which is shaped in relation to the length of service, should bear in mind that the jubilee award is a benefit of a remunerative and entitlement nature and is in the nature of a bonus due to the employee, not a reward. – Piotr Kuźniak comments for Rzeczpospolita.

The article in Polish is avialible: here.

This year we saw plenty amendments to labour laws. New rules on remote working, and regulations introducing work-life balance came into force. The next year may be just as interesting and busy for employers. There will be many challenges waiting for HR departments. – Sandra Szybak-Bizacka and Katarzyna Stępień comment for Dziennik Gazeta Prawna.

The article in Polish is avialible: here.

The legislator has not provided any general protection for employees in the event of the transfer of part of the business to a franchisee or a general prohibition on changes to terms and conditions of employment. However, there are two important restrictions that the franchisee must respect when implementing changes. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

The article in Polish is avialible: here.

 

I cannot imagine a situation where the employer has to continue employment of a person who may be causing damage to the company or to the other employees. Article 8 of the Labour Code should be considered, the public perception of cases where someone who, for example, has stolen company property or harassed colleagues is to return to work. – Paweł Sych comments for Business Insider Polska.

The article in Polish is avialible: here.