Month: September 2024

A proposed law aimed at reforming non-national worker hiring regulations, set to take effect on 1st January 2025, is causing concern among businesses. Critics argue that even if the new law is finalised in record time, companies would not have enough time to adjust to the new rules.

One of the most contentious aspects of the proposed legislation is the removal of the option to obtain work permits for non-national workers to be employed under contracts based on the Civil Code. – Tomasz Rogala comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Employers can establish incentive systems within their internal reporting procedures to encourage employees to report legal violations. These systems might include monetary rewards or additional time off. However, it is important to choose incentives carefully to avoid raising ethical concerns. – Karolina Kanclerz and Bartłomiej Wodyński comment for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

While employers focus on implementing internal whistleblower procedures, it is essential to remember that other new regulations and obligations have also taken effect. Failure to comply with these changes can result in penalties for employers. What exactly has changed? Why should employers assess their current status and business scope? Will relying on contracts based on the Civil Code become less attractive? – Sandra Szybak-Bizacka and Katarzyna Stępień discuss the most significant employment law changes in August 2024 for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Private entities employing at least 50 people as of 1 January or 1 July of a given year will be required to establish an internal reporting procedure. According to the ESRS, entities will have to disclose how they protect whistleblowers, including information on internal reporting channels, whistleblowing trainings, and measures taken to protect reporting employees. An additional obligation for the responsible entity will be to maintain reports register. They will have to implement an appropriate procedure, with penalties for non-compliance outlined in the whistleblowers protection act. – Sławomir Paruch, Karolina Kanclerz, Mateusz Krajewski comment for Kompas ESG.

Full article in Polish avialible: here.

Imposing social security contributions on work contracts based on the Civil Code, often referred to as ‘junk contracts’, will not eliminate the problem of exploitative employment practices. Individuals employed under these contracts will still lack the protections and benefits guaranteed to employees under the Labor Code, including paid leave, pre-retirement protection against termination, and parental benefits. For many companies using “junk contracts” will still be financially attractive. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Starting 25th September, Polish whistleblower protection regulations will require employers to establish reporting channels and follow up on the reports, including internal investigations. This involves processing significant personal data, including that of whistleblowers, potential offenders, witnesses, and those assisting whistleblowers. Unfortunately, these new regulations raise several concerns from a personal data protection perspective. – Paweł Sych comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

The protection granted to whistleblowers is not absolute. Some employees believe that filing a report will grant them immunity from potential dismissal. To clarify – even if the reporting person receives the whistleblower status, it may not shield them from dismissal. A false report made with the intent of gaining advantage may be damaging to the reporting employee. Dishonest whistleblowers risk criminal and civil liability for making a false report or public disclosure. To minimise the number of potential false reports, it is worth to include information about the consequences of filing false notifications in communication directed to potential whistleblowers. – Bartosz Tomanek and Mateusz Krajewski comment for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

The issue of employee image and workplace dress codes can be a hot topic. Recently, there has been renewed debate in the media about whether employers can require their female employees to wear bras.

While employers have authority over workplace matters, including dress codes, they cannot exercise complete control over employee attire. Any implemented dress code must be objectively justified, appropriate to the position, reflect the nature of the work, and respect employee dignity. Additionally, there is a growing emphasis on ensuring dress codes are non-discriminatory. – Karolina Kanclerz comments for kobieta.rp.pl.

Full article in Polish avialible: here.