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Social security for gig workers? Revolution in junk contracts

For years, there has been talk of subjecting civil law contracts, known as “junk contracts” in Poland, to social security contributions. The latest announcements suggest this could happen as early as 1st January 2025. This would be a major shakeup, potentially driving up employment costs and placing a significant financial burden on employers. – Karolina Schiffter discussed this issue during her appearance on the “Pytanie na śniadanie” TV show.

Watch it here.

Underperformance – how to spot and fix it?

Spotting and addressing underperformance is a top concern for employers today. With the rise of remote work and flexible schedules, it is tougher to maintain morale and ensure a team scattered across locations is collaborating effectively. This can sometimes lead to a dip in individual performance. So, how to tackle underperformance?  – Paweł Sych and Kinga Ciosk offer their insights in an article for HR na Szpilkach magazine (April-June issue).

Opportunities and challenges for HR departments

The new Corporate Sustainability Reporting Directive (CSRD) enacted in December 2022 brought both challenges and opportunities for HR departments. It is not just a new reporting burden but a chance to demonstrate the importance of employee-related processes and their impact on the company’s social sustainability. While some companies may simply need to adjust their existing ESG reporting to meet the new standards, for many, it is a whole new ballgame. The CSRD will apply to a growing number of companies in the coming years, so it is crucial for HR to get involved – Bartosz Tomanek and Mateusz Krajewski share their insights in an article for Rzeczpospolita.

Full article in Polish avialible: here.

Aleksander Dżuryło: Special residence cards for Ukrainians with UKR status on the horizon

Ukrainians with UKR status will get a welcome extension – their status will be automatically extended until 30th September of next year. The same applies to those whose visas and residence cards expired. There is also particularly good news for non-working family members, especially minor children, who will be able to apply for residence permits to reunite with their families – something that wasn’t possible before. The biggest change, though, is the planned introduction of special residence cards for Ukrainians with UKR status. – Aleksander Dżuryło discussed these changes in an interview with Polskie Radio.

The interview in Ukrainian is available here.

Labour Inspectorate cannot fine employers for compensated Saturday work

The National Labour Inspectorate (PIP) has recently intensified its focus on employers who fail to offer compensatory days off for Saturday work. This stems from concerns that such practices violate the average five-day workweek rule. According to the PIP, this constitutes an offence and employers who refuse to pay fines risk facing court proceedings. However, the PIP often disregards the fact that employees may be financially compensated for working Saturdays. This approach can seem unreasonable, especially considering the varied circumstances that might lead to an employer not offering a day off in exchange for Saturday work. Additionally, the wording of the relevant regulations appears open to interpretation – Łukasz Chruściel and Sandra Szybak-Bizacka comment for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

GMI Legal Update: The Ukrainian government stops issuing passports to men residing outside Ukraine, also in Poland

According to the decision of the Ukrainian government published on the evening of April 24th on the Ukrainian government website, effective from April 23, 2024, male citizens of Ukraine aged 18 to 60 can collect new Ukrainian passports only in the territory of Ukraine. They cannot collect a new passport in the territory of Poland – even if the application for its issuance was submitted before April 23, 2024.

The restrictions do not apply only to those from above citizens of Ukraine who meet the conditions entitling them to leave the territory of Ukraine (e.g. single parents, fathers of at least three children, some disabled people).

In some cases, it may be possible to address the problems resulting from a lack of Ukrainian passport based on the means available under Polish law – e.g. by obtaining the so-called Polish travel document for foreigner instead of a Ukrainian passport – however, this is subject to restrictive requirements.

The discontinuation of issuing Ukrainian passports outside of Ukraine is related to the new Ukrainian regulations on military mobilization, which are to enter into force on May 18, 2024.

Lack of possibility to renew a Ukrainian passport for a Ukrainian national residing in Poland does not mean an automatic loss of right to stay in Poland after the expiry of the current passport. Also, it does not entail loss of the right to work in Poland based on the provisions of the Polish Special Bill on assistance to citizens of Ukraine.

However, lack of passport is a serious obstacle to the possibility of traveling outside Poland and to the possibility of extending right of residence in Poland (e.g. by obtaining a residence permit and a residence card) which, in many cases may be impossible to overcome.

New rules for employing refugees. Tougher for companies

The government is tightening the rules for hiring Ukrainian citizens. The latest proposal of the special bill includes a requirement for submitting another notification of employment for a Ukrainian citizen if, for example, the type of contract between the employer and the Ukrainian citizen changes, the position is modified, the working hours are reduced, or the monthly or hourly wage specified in the notification is lowered. This solution increases the legal and administrative, already significant, burdens on companies. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Employee online activity

The employees should be mindful of information published online. They should maintain the reputation and good name of the company not only within working hours, but also outside of them. The employer has access to certain tools preventing the infringement of the company image, but can they monitor employees’ online activity? The answer raises doubts among supervisory authorities as well. – Julita Kołodziejska comments for quarterly ABI EXPERT.

Full article in Polish avialible: here.

Green PCS: PCS | Littler cooperating with ClimatePartner

Since the beginning of PCS | Littler, we have been actively involved in climate protection projects. In this spirit, we decided to collaborate with ClimatePartner an international provider of climate protection services.

As a result of this collaboration, we conduct professional assessments of our company’s carbon footprint, took on specialists-led actions to reduce it, and provide financial and organisational support for carbon offsetting initiatives.

So far, the assessment proved a major success. According to the 2023 report the annual carbon footprint of the entire PCS Littler Team in Warsaw was equivalent to that of only 14 statistical Europeans! In 2024 we will be conducting the survey again hoping for even better results!

Marcin Sanetra and Kinga Polewka-Włoch coordinate the project on behalf of PCS | Littler.

More: here.

The barrier for addressing the needs of LGBTQ+ employees lies in the regulations

Employees are more and more willing to approach employers to consider their gender identity needs. However, the current regulations are a significant obstacle, as LGBTQ+ individuals are not explicitly recognised in them. The Labour Code was established in the 1950s, under completely different political and economic conditions. It no longer aligns with the current realities. The Code only prohibits discrimination in employment in Article 11(3) or in the establishment and termination of employment relationships in Article 18(3a). – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

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