HR Signal: The EU Whistleblowing Directive

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Polish solution on minimum wage goes against the directive

Poland is working on the implementation of the EU directive on adequate minimum wages. The solution proposed by the ministry does not fully comply with the directive’s provisions – the indicative reference value for minimum wage could be equal to 60% of the average wage. The ministry did not specify from which period the average will be taken for the calculations of the minimum. What does it mean for entrepreneurs? Introduction of a new mechanism for setting the minimum wage applicable in all EU countries is a controversial idea – in some member states it will mean a much faster increase in the minimum wage. The increase in employer’s costs is a serious threat, particularly for small businesses. In many cases it may mean the need to reduce staff or change the form of employment to civil law contracts. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Sanctions for not updating military data can be applied in Ukraine, not in Poland

On 18 May 2024, the Ukrainian mobilization law came into effect. It requires all men of military service age to update their military records, regardless of their location – abroad or in Ukraine. Those avoiding mobilisation may be fined from 17 000 up to 25 000 UAH. Men deemed “partially fit for service” must undergo another military medical examination. What should Ukrainian men abroad be aware of? – Aleksander Dżuryło in an interview for Polskie Radio.

The interview in Ukrainian is available here.

Higher fines and more thorough inspections for entrepreneurs who do not pay contributions, taxes or employ workers illegally

The latest proposal from the Ministry of Family, Labour and Social Policy (MRPiPS) includes tightening the system for employing foreigners and expanding the powers of the National Labour Inspectorate (PIP) and the Border Guard. PIP’s and Border Guard’s inspections regarding the legality of employment and residence will be able to be carried out simultaneously and without prior notice. Currently, informing about a planned inspection, makes it easier to prepare for it, for example, by creating documents that supposedly comply with the regulations. Additionally, it will be possible to verify in an online system whether a foreign employee has actually taken up and performed work according to the issued permit and whether social security contributions are being paid. – Tomasz Rogala comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Tackling the Pay Gap in Poland: From “Nice to Have” to Essential – Littler Insight

The EU Pay Equity directive is not just a simple “employment” regulation. The new law, requiring Poland and other EU Member States to transpose principles of equal pay and transparency into their laws by June 7, 2026, will affect not only the transparency of remuneration itself, but also the nature of the pay models adopted by employers, and the market dynamics This legislation will affect your company’s competitive position, its ability to attract and retain qualified employees, as well as the very perception of the company and its products and services offered. – Sławomir Paruch, Bartosz Tomanek, and Marcin Sanetra.

Article: here.

Good news for Polish-German cross-border workers!

A recent court ruling has important implications for cross-border workers living in Poland and working in Germany, and vice versa. Although the case in question concerned family allowance, the court’s decision could extend to other benefits, such as the recently passed grandparent child care subsidy (‘babciowe’) and the “800+” child benefit. The court essentially ruled that a person working in Poland but living in another country should not be denied benefits simply because they or their families live across the border. Likewise, benefits available in neighboring countries to employees who live there should also be accessible to residents of Poland who work in those neighboring countries. – Paweł Sych comments for Business Insider Poland.

Full article in Polish avialible: here. 

Interview – Blajer says: Harassment and bullying in the workplace

Regardless of whether an employer is a large global company or a small business owner, they may encounter problems with harassment or bullying in the workplace. In recent years, there has been a growing sense of dissatisfaction among employees with how they feel at work and how they are treated by their superiors. This translates into a growing number of employee claims in this regard. However, it is the obligation of every employer to take preventive measures – they must implement appropriate countermeasures in the organization, and employees should know where to turn for help in such situations.

Karolina Kanclerz says in an interview with Paweł Blajer for Biznes24.

Interview available here.

Interview – Blajer says: youth employment

Current regulations for employing young people come with a lot of limitations and requirements. Workers under 18 can only perform light duties, and employers are obligated to create a specific list of approved tasks for them.

However, this approach clashes with reality. Young people today possess impressive skills and knowledge in many areas, especially those showcased on the internet and social media, often surpassing adults in the digital realm. These capabilities often go unseen by regulations written decades ago, based on a different era.  This year marks the 50th anniversary of the Labor Code. Many of its provisions, enacted half a century ago, remain unchanged to this day. In our ever-evolving world, this creates significant challenges for businesses looking to hire young talent. – Krzysztof Gąsior says in an interview with Paweł Blajer for Biznes24.

Interview available here.

The Littler Annual Employer Survey 2024

As employers face change and uncertainty on several fronts, Littler’s 12th Annual Employer Survey provides a window into how employer expectations and workplace policies are evolving. The survey was completed by more than 400 in-house lawyers, business executives and human resources professionals—36% of whom hold C-suite positions—based across the U.S. and representing a range of company sizes and industries, including technology, manufacturing, retail, healthcare and hospitality. The survey’s findings reveal how employer expectations and workplace policies are adapting to this complex and continually evolving landscape.

Read the full report: here.

GMI Legal Update: Polish government publishes a draft of new law regulating employment of foreigners

The long-awaited draft of the new law on the access of foreigners to the labor market has been published on the website of the Government Legislation Center. The draft proposes that the current Act on the promotion of employment and labor market Institutions, which regulates the employment of foreigners in Poland, will be repealed and replaced by two separate regulations: the aforementioned law and the act on the labor market and employment services, which will include other regulations, such as those concerning professional activation and the activities of employment agencies.

The draft of the new law aims to comprehensively regulate all aspects related to the employment of foreigners in Poland. Its key provisions include:

  • Digitization of procedures for obtaining documents legalizing the work of foreigners, including submitting notifications after the issuance of these documents, such as regarding the failure to start the employment based on a work permit;
  • Abolition of the so-called labor market test in favor of additional authorization for county governors, who will be able to determine a list of professions for which work permits may be refused if justified by a difficult situation in the local labor market;
  • Tightening sanctions for employers who illegally employ foreigners and extending the control authorization of the National Labor Inspectorate and the Border Guard in matters of employment of foreigners;
  • Adding new grounds for refusing to issue a work permit, including mandatory refusal for employers who are in arrears with tax payments or who were established mainly to facilitate the entry of foreigners into Poland;
  • Allowing foreigners, for whom the employer has obtained a document legalizing employment, to create accounts on the praca.gov.pl portal.

The draft is currently under consultation, and further modifications are expected. The Ministry of Family, Labor, and Social Policy plans to adopt the draft by the Council of Ministers in the third quarter of this year. We are monitoring the progress of the new regulations and will keep you updated.

Tackling underperformance in the workplace

Underperformance is a drag on any organization, and it can be particularly stressful for managers focused on maintaining efficient workflows. I think that managers often tolerate low performance because they fear tackling it may be perceived by employees as bullying. That’s where training comes in. Managers need to be equipped with the right skills to handle underperformance and navigate difficult situations effectively. This means being familiar with the tools at their disposal and how to deploy them effectively while at the same time minimizing legal risks associated with underperformance. – Michal Bodziony and Kinga Ciosk say in an interview with Stowarzyszenie Emitentów Giełdowych.

Interview available here.

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