Month: May 2024

A key question concerning remote work setups is: who is responsible for providing ergonomic equipment – the employer or the employee? Specifically, the debate surrounds items like additional keyboards, mice, monitor stands, and laptop stands. Should employers be obligated to furnish these items? Even if such a duty existed, would allowing employees to take this equipment home be sufficient? The National Labour Inspectorate (PIP) issued a position in January 2024, stating that employers should provide these ergonomic equipment upgrades. However, this stance raises concerns. Following this logic, employers would also be responsible for desks and chairs, as these fall under the same regulatory category as additional monitors. Yet, the PIP itself has previously acknowledged that desks and chairs are not the employer’s responsibility.  – Karolina Kanclerz and Krzysztof Gąsior commented on this issue for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

The Ukrainian government’s Order No. 443, issued on 25^th April 2024, affects Ukrainians of conscription age residing outside Ukraine. Under this order, they can only obtain new passports by returning to Ukrainian territory. Even if a passport application is submitted to a foreign passport office, the passport itself can only be collected in Ukraine. The impossibility of obtaining a new passport in Poland does not mean that the stay of a Ukrainian citizen in Poland will become illegal upon expiry of the existing passport. While Polish law (Article 288 of the Act on Foreigners) requires non-nationals to have a valid travel document, it does not make this a condition for their right to stay in Poland. On the contrary, the law emphasizes the obligation to have separate documents that specifically authorize their legal stay in Poland. This is also supported by the Act of 15 June 2012 on the consequences of employing non-nationals illegally staying in the territory of the Republic of Poland which does not link the legality of staying in Poland to possessing a valid travel document. – Tomasz Rogala and Aleksander Dżuryło commented for Rzeczpospolita.

Full article in Polish avialible: here.

It may sometimes lead to controversy when the Social Insurance Institution (ZUS) applies Article 8(2a) of the Social Insurance Act (u.s.u.s.) because ZUS often fails to see (or does not want to see) the significant differences between the scope of obligations under an employment contract and contracts based on the Civil Code. It is also worth noting that sometimes employees already paying full ZUS contributions through their current employment contract might prefer to enter into a contract based on the Civil Code for their next role. However, while an employment relationship cannot be carried out under an independent contractor agreement, the reverse is possible. This creates a complex situation where each case requires careful analysis. If ZUS investigates, employers should not concede defeat – pursuing legal action might be worthwhile. – Łukasz Chruściel comments for Rzeczpospolita.

Full article in Polish avialible: here.

A recent amendment to the Labour Code clarified the rules for checking employee sobriety. These rules apply to remote workers as well, but with some crucial differences due to the nature of remote work. The key factor is the remote employee’s location. Employers cannot freely enter private spaces like an employee’s home or hotel room to conduct sobriety checks. However, if the employee is working in a public place, the Labour Code applies directly. In such situations, the employer can administer a breathalyzer test and, at the employee’s request, call the police for a verification test. – Łukasz Chruściel comments for Rzeczpospolita.

Full article in Polish avialible: here.

Last year, Poland introduced regulations based on the European work-life balance directive.  These changes aimed to make it easier for parents to manage work and family life, with a particular focus on encouraging fathers to be more involved in childcare. The new rules increased parental leave from 32 to 41 weeks for one child and from 34 to 43 weeks for multiple children.  However, there are some restrictions on using the extra nine weeks. So, have these changes revolutionized how fathers participate in childcare?  – Karolina Kanclerz and Maciej Przepióra weigh in for kobieta.rp.pl.

Full article in Polish avialible: here.

The process of hiring non-national workers in Poland seems to get more complex every year. Employers face a double challenge: a tangle of regulations and inconsistent application of those rules by different residence and work permit offices. To help employers navigate this maze, we have prepared a practical guide that answers the most pressing questions about employing non-nationals. The first part focuses specifically on hiring Ukrainians, while the second part addresses general rules for workers from other countries. – Karolina Schiffter, Tomasz Rogala, Maciej Zabawa, Zofia Pawelec, Marcin Snarski, Tomasz Rdzanek, and Aleksander Dżuryło for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

The Polish government is revamping the process for non-national workers to enter the job market. I believe that reinstating the option to submit reminders in work permit cases is crucial.  Without reminders, applicants’ rights outlined in the Administrative Procedure Code are limited. The new law should also address remote work.  While the Polish Labour Code was updated last year to reflect this reality, the current regulations for employing non-national workers lack clear guidelines for remote work arrangements. This ambiguity can create unnecessary difficulties for employers who want to hire non-nationals remotely. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.