Month: June 2024

On 1 July 2024 another amendment to the special act on help for Ukraine will come into effect. The special act pertains to aid for Ukrainian citizens in connection with the armed conflict in this country. It regulates special conditions for the stay and employment of Ukrainian citizens in Poland, which were adopted following Russia’s aggression against Ukraine in February 2022. The amendment will not change the basic principles of the special act, but it does introduce many significant changes that both Ukrainian citizens residing in Poland and their Polish employers should be aware of. Employers will have less time to notify the employment office about hiring such a person. The amendment also specifies in which cases it will be necessary to resubmit such a document. – Tomasz Rogala for Dziennik Gazeta Prawna.

Full article in Polish avialible here.

Is it safe for employers to allow for the use of AI tools? Providers of OpenAI services assure that they adhere to the highest security standards, and that the collected data will not be used for other purposes. However, a potential data leak cannot be ruled out, and confidential information could escape the employer’s control as a result. By uploading the contents of a confidential document to e.g. ChatGPT, an employee may unintentionally cause a GDPR incident or violate rules on protecting company privileged information, and the employer will become aware of it only after the consequences arise. – Jakub Grabowski comments fot IT-Leaders.

Full article in Polish avialible: here.

On 25 June 2025, the EU Council adopted a decision to extend until 4 March 2026 temporary protection for persons displaced from Ukraine due to Russian aggression in that country.

Following the extension of temporary protection at the EU level, it is likely that the Polish Special Bill on assistance to Ukrainian citizens in connection with an armed conflict on the territory of this country will also be amended again, and the automatic right of residence of Ukrainian citizens in Poland will be again extended at least until March 4, 2026.

Currently, the automatic right of residence of Ukrainian citizens in Poland based on the Special Bill is valid until September 30, 2025.

Employee who does not present a medical certificate confirming pregnancy, in cases where the pregnancy is visible, does not exempt the employer from complying with the imposed legal obligations. If the pregnancy is noticeable, and yet the employee has not presented the appropriate medical certificate, the employer is still obliged to grant the pregnant employee their entitled rights. Experience shows that theory does not always align with practice, and employers face a series of questions: “Can they request submitting a medical certificate confirming inability to work due to pregnancy?”, “If mistakenly assuming the employee is pregnant, can they claim discrimination?”, “What if the employee insists on not being pregnant – can they demand a certificate confirming the absence of pregnancy?”. – Karolina Kanclerz and Michalina Lewandowska-Alama for kobieta.rp.pl

Full article in Polish avialible: here.

In the era of rapidly advancing technology and the digitalization of daily life, the question of when and how to address inappropriate online behaviour is becoming increasingly important. The answer to this issue is not straightforward, and often poses practical challenges. Can an employee criticize their employer? Do the principles of social coexistence apply to employees even after working hours? How can companies control employees’ behaviour on social media? – Sławomir Paruch, Michał Włodarczyk and Julita Kołodziejska for Rzeczpospolita.

Full article in Polish avialible: here.

We are passionate about labour law, HR, and what we do. From the beginning of PCS | Littler, we have set standards for activity and expansiveness. We explore brand new directions and advocate for innovative and pioneering concepts. We also share our knowledge and experience with clients and colleagues in the legal field. We are perceived in the market as the first and most natural choice for labour law consulting.

Full article in Polish avialible: here.

The guide on data protection in the workplace will be updated to include new issues in the employment era. This primarily concerns new technologies which are used almost at every stage of employment. The Personal Data Protection Office (UODO) should clarify when solutions such as profiling, automated decision-making, AI and other algorithm-based tools can be applied. All of them are already used by employers, but without guidelines that are clear understandable, and, most importantly – compliant with the regulations, companies are in the dark. – Paweł Sych comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

On 15 May, the Polish Parliament adopted further changes to the rules for employing Ukrainian citizens. Most of these changes will come into effect on 1 July 2024. After 30 June, employers will have only 7 days to notify PUP (Regional Labour Office) about the employment of a Ukrainian citizen (currently it is 14 days from the day of starting employment) Additionally, the employer must indicate a salary that is not lower that the minimum wage for the employment to be considered legal.- Karolina Schiffter and Tomasz Rogala comment for Rzeczpospolita.

Full article in Polish avialible: here.

By 15th November 2024, Poland is required to implement the EU Directive 2022/2041, which focuses on ensuring adequate minimum wages across the European Union. A higher minimum wage translates to increased labour costs for employers, which may prompt them to review their compensation structures, potentially leading to cuts in bonuses or other benefits. However, this could potentially backfire – the absence of bonuses and other benefits could demotivate employees, leading to decreased productivity, higher absenteeism, and increased employee turnover.

Employers also express concerns about pay compression. When the minimum wage rises significantly, businesses might struggle to allocate funds for raises dedicated to rewarding experienced personnel. This could lead to a scenario where senior staff with years of experience earn only slightly more than newly hired and low-skilled employees. – Sławomir Paruch and Michał Włodarczyk comment for Rzeczpospolita.

Full article in Polish avialible: here.