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.
The employer’s obligation to provide employees with sight-correcting glasses will be extended also to contact lenses. This change is introduced by a long-awaited amendment to the regulation on health and safety at work at workplaces equipped with screen monitors (Journal of Laws, item 2367), which will come into force in 14 days. The resolution, which is being amended for the first time after more than 20 years of its adoption, still does not clear up any doubts as to whether, for example, tablets can be classified as mobile devices equipped with screen monitors. Similarly with checkout counters. It is not just a question of breaks or workstation upgrades, but of the right to glasses contact lenses. – Karolina Kanclerz comments for Dziennik Gazeta Prawna.
The article in Polish is avialible: here.
The Supreme Court has already commented more than once on the limits of protection for trade unionists, indicating that protection against dismissal is not absolute. Taking into account fairness, the principles of social co-existence and the law absolute protection cannot be given to individuals who, in certain cases, do not deserve protection. Trade union activities for unjustifiably favouring an employee in spheres outside their functions. – Sandra Szybak-Bizacka and Katarzyna Stępień comment for ius.focus.
The article in Polish is avialible: here.
The revolution in labuor disputes is becoming a reality – an amendment to the Code of Civil Procedure has been passed, providing for the obligation to continue employing a dismissed employee until the final conclusion of court proceedings. Thus, later this fall, we can expect dismissed employees returning to companies, despite the lack of court ruling if the dismissal was unlawful. The new regulations are effective as of 22 September 2023. – Paweł Sych and Kinga Rozbicka comment for magazine HR na Szpilkach.
The article in Polish is avialible: here.
When an employee refuses to pick up a letter or, despite advice note notifying that a letter is waiting to be picked up at the post office, does not retrieve it, this does not mean that the termination has not occurred. In such situation it is assumed that the employee received the letter at the first attempt at delivery, or, if there were any objective reasons that prevented them from collecting the letter (e.g. the employee was staying in a hospital) the first day after the end of the reason should be considered the date of delivery. – Paweł Sych comments for Rzeczpospolita.
The article in Polish is avialible: here.
The Littler International Guide provides an overview of workplace laws and regulations of over 45 countries and territories. Written by selected attorneys and scholars from around the globe, as well as Littler attorneys, the Guide tracks the employment life cycle in a question-and-answer format, covering over 90 workplace law topics under 14 categories:
Authors: Sławomir Paruch, Robert Stępień, Miłosz Awedyk, Jakub Grabowski.
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
By regulation published on 31 October 30, 2023, the Polish Minister of Interior and Administration extended border controls at border crossings between Poland and Slovakia until November 22, 2023.
Irrespective of the above, random border checks introduced in September 2023 by Germany on the border between Poland and Germany are also still ongoing.
Border controls on Polish borders do not automatically entail closing these borders or limiting the right of travelers to cross them, provided the travelers have appropriate documents. Therefore, non-EU citizens residing in Poland, when planning a trip out of Poland, should pay special attention to whether the documents they have allow them to travel within the Schengen area.
Also, it is worth remembering that actual restrictions on the right of entry to Poland for certain categories of people remain in force on the border of Poland with Belarus and on the border of Poland with Russia. Restrictions on the right of entry to Poland specifically addressing Russian citizens remain in force on each Polish external border (i.e. a border which also constitutes a border of the Schengen area).
Part-timers have reasons to be optimistic. The CJEU ruled that part-time employees are treated less favorably than full-time employees if national legislation makes payment of additional remuneration dependent upon exceeding the same level of working hours for both groups. Such situations could also take place in Poland with regard to overtime allowance, although, as experts note, the Court’s decision does not necessarily mean that a massive wave of overtime claims will flood Polish courts. – Bartosz Wszeborowski and Julita Kołodziejska comment for interia.pl.
The article in Polish is avialible: here.