New obligations for employers and new competences for the State labour Inspectorate (PIP), implementing standards for protecting minors, and regulations of the AI in the workplace – but there is more. What else has changed? – Sandra Szybak-Bizacka and Katarzyna Stępień discuss key legal changes in Dziennik Gazeta Prawna issue.
Full article in Polish avialible: here.
A proposed new law introduces a requirement of employment under employment contract to obtain a work permit or a declaration on entrusting work. This change would mean that immigrants who need a work permit would no longer be able to be employed under contracts based on the Civil Code. I believe that this solution is an excessive interference with the freedom to conduct business and may be discriminatory towards non-national workers. – Karolina Schiffter comments for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
Employees’ social media activity is one of the biggest challenges for employers. Contrary to popular belief, such activity can be public in nature. Therefore, an employer may check what the employees are posting online. Preventing spreading of confidential information or protecting the employer’s image are all justified reasons for verifying content published by employees. Consistently applying tools to manage employees’ activity online reduces the risk of posts that may be harmful for the employer or employees. – Kinga Polewka-Włoch and Patryk Kozieł comment for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
Not every action, situation, or event, that an employee considers as negative or harmful, can be recognized as mobbing form the legal standpoint. Justified, constructive criticism, supervision, or monitoring proper performance of job duties, issuing lawful instructions, although may be not welcomed by employees, are all allowed. Determining bullying should be based on objective criteria. – Kinga Polewka-Włoch comments for Rzeczpospolita.
Full article in Polish avialible: here.
Trade unions often demand data on all or most employees, not just those who are members of the union. They justify this by citing the need to conduct informational activities or for holding a strike referendum or elections for social labour inspectors. In my opinion, these requests are unjustified and violate employees’ right to data protection. They often concern data of thousands of employees who are not members of the trade union. The President of the Data Protection Office (UODO) should take a clear stance on this issue to avoid future uncertainties. – Paweł Sych comments for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
The Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (Official Journal of the EU, 2019, L 305, p. 17; further: the directive), provides that legal entities must establish internal legal procedures and channels after consultations and agreements with social partners, if required by national law. According to the act, a company trade union should be consulted. If there is no trade union within the organization, the consultations should be conducted with workforce representatives. Importantly, this category is broader than the “employee representatives”, which means additional steps in the process of implementing the procedure. – Bartosz Tomanek and Mateusz Krajewski comment for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
In the era of social media, the line between employees’ private and professional lives is becoming blurred, especially when they tag their employers in Facebook, Instagram, or TikTok bios, or share company posts between holiday pictures. This overlap of private and professional worlds can sometimes be damaging to the employer’s interests, especially if the published content does not align with the company’s image and values. – Karolina Kanclerz and Michalina Lewandowska-Alama comment for kobieta.rp.pl.
Full article in Polish avialible: here.
According to the announcement on the website of the Polish Embassy in Bogota, Polish authorities have decided that from August 15, 2024, Colombians coming to Poland for work must have visas.
Thus, the entry of a Colombian citizen to Poland for work is no longer permitted under visa-free travel, regardless of whether the arriving Colombian citizen has a work permit and regardless of whether the planned period of work exceeds 90 days.
Arguably, Colombian citizens who entered Poland on the basis of visa-free travel and started working on the basis of a work permit before August 15, 2024, are allowed to continue working legally. Of course, before the visa-free travel limit is exhausted, they should leave the country or apply for residence permits to extend their right of residence.
There are significant doubts around the possibility of working in Poland by citizens of Colombia who crossed the external border of the Schengen area without a visa in a country other than Poland and only reached Poland by crossing an internal Schengen border. The EU regulations which allow for the introduction of an exception to the visa exemption set forth rules on crossing the external borders of the Union.
Entrepreneurs are once again struggling to keep funds received from the “Anti-COVID Shields”. There is a way to defend against repayment demands. Recently courts and the Regional Appeal Councils have sided with the arguments raised by employers’ legal representatives. Depending on whether the repayment demand concerns funds granted under Article 15g or 15gg of the Anti-COVID Act, the paths for pursuing and defending these funds vary. The timelines and appeal options differ as well. In recent weeks, we have secured several rulings that fully confirmed the position we have advocated for from the start, favouring entrepreneurs. – Paweł Sych explains for Business Insider Polska what the issue is and provides a step-by-step guide.
Full article in Polish avialible: here.
The legal market – like other sectors – is full of highly skilled and intelligent women who are well-suited for leadership positions. But many choose to stay in the background, struggling to press for raises or promotions for fear of rejection or criticism.
The issue of women’s self-promotion, their representation in leadership roles, and the gender gap in self-perception is a crucial ongoing discussion. Fostering a culture of mutual support and respect is essential. However, each woman must also be prepared to champion herself and her aspirations. This may require stepping outside of her comfort zone, which can feel daunting at times. – Karolina Kanclerz and Zuzanna Janelli comment for International Employment Lawyer.
Article here.