The number of working hours that may be assigned to a foreigner and the possibility to increase it depends on the document legalising the foreigner’s work and the signed contract. Even a slight increase or decrease in the number of hours may lead to illegal employment. Responding to numerous questions from employers PIP reminds of the key principles on its website. However, some of these guidelines raise serious legal questions. – Karolina Schiffter and Aleksander Dżuryło comment for Rzeczpospolita.
November was a busy month for the labour market. Although there were seemingly few changes in the law, those that did occur are extremely broad are difficult to apply in practice. We outline to most important changes and the conclusions from the latest rulings. Sandra Szybak-Bizacka and Katarzyna Stępień comment for Dziennik Gazeta Prawna.
The CJEU’s interpretation is favourable for the employers. However, EU members can apply rules that are more favourable to the employees, and such regulation is found in the Polish Labour Code. Leave unused due to isolation caused by contagious disease is interrupted by law and transformed into justified absence from work. Although the obligation of isolation due to COBID-19 pandemic has been lifted since 28 March 2023, quarantine due to other contagious diseases may be imposed. – Karolina Schiffter comments for Dziennik Gazeta Prawna.
We are witnessing the stepping away from the typical model of the employment relationship, and the kind of company hierarchy our parents might know about. The evolution begun before the pandemic – the digitalisation of labour law and attempts to be more flexible paved the way for remote work from outside the office. We are seeing that these forms of flexibility and approaches with more freedom and trust in the employee are increasingly appreciated by the employees. – Bartosz Tomanek shares his HR law expertise in a conversation with Kamil Rudol and Michał Zacharski in an episode of podcast “Prawolinie Przypominamy”.
December 28 is the last call for employers to send employees for overdue periodic medical examinations and conduct periodic occupational health and safety training. Failure to fulfill these obligations may have serious consequences for both employers and employees. Employers are subject to potential misdemeanor liability, which can result in a fine of up to PLN 30,000. In turn, employees who refuse to undergo medical exams or OSH training could face not only disciplinary consequences but also termination of their employment contract without notice. – Karolina Kanclerz and Michalina Lewandowska-Alama comment for Dziennik Gazeta Prawna.
This issue can be very controversial. As the CJEU rightly pointed out, it is important to assess the purpose for introducing the ban. If it is intended to implement the principle of public administration neutrality, it cannot be regarded as violating the provisions on the prohibition of discrimination based on religion or beliefs. The public administration has, first and foremost, a duty to serve the citizens and, therefore, in order to ensure respect for their rights, the principle of neutrality was introduced. – Paweł Sych comments for Dziennik Gazeta Prawna.
Higher tax-deductible costs are gaining popularity in the IT sector. Pursuant to the PIT regulations, the tax-deductible costs of income obtained i.e. from the disposal of copyrights, amount to 50% minus the contributions. The reduction of income leads to an automatic reduction of the tax base and, consequently, to the payment of effectively less tax by the employee or the person employed under a civil law contract. – Michał Olejniczak comments for IT Leaders.
Employers are in a conundrum as to consequences against employees refusing to work on December 10th, citing too short time period since the schedule change. What steps should be taken in this situation? How should this absence be accounted for? Should termination without notice be considered? – Slawomir Paruch, Milosz Awedyk and Jakub Grabowski comment for Dziennik Gazeta Prawna.
Recently the Constitutional Tribunal considered a case concerning compensation for the loss of the opportunity to receive an early retirement on grounds of an arduous or hazardous job. The compensation is intended for individuals who will not be eligible for a bridging pension (e.g., due to not meeting all the statutory criteria). Notably, it is not a standalone benefit but an addition to the initial capital (as demonstrated on the ZUS website, it can increase the initial capital by as much as 30%), which is subject to indexing along with the capital. Consequently, acquiring this supplement translates into a higher pension. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.
Employers should be prepared for additional expenses in the coming months due to the amended regulation regarding the health and safety of workers who use display screen equipment (DSE), which came into force on 17th November 2023. It introduces significant changes to workstation equipment and also allows for the reimbursement of contact lenses. Employers have six months to comply with the new health and safety requirements. Failure to do so could result in a fine of up to PLN 30,000. However, not all employers will face additional costs – the requirements do not apply to remote and hybrid workers. – Sławomir Paruch, Robert Stępień, and Bartosz Wszeborowski comment for Rzeczpospolita.
