Month: October 2024

The Act of 1^st October amending the 2024 Flood Relief Act and some other laws (emergency legislation) became effective on 5^th October. The legislation introduced several new employee entitlements. However, the Act leaves many questions unanswered, including how employers should or could verify if their employees were actually affected by the flood and, therefore, qualify for these benefits.- Paweł Sych comments for Rzeczpospolita.

Full article in Polish avialible: here.

The Ministry of Family, Labour and Social Policy has significantly delayed the effective date of regulations regarding additional maternity leave for parents of hospitalized newborns. This delay will prevent many parents from benefiting from this new right. According to the Ministry’s current proposal, the Labour Code will be amended to clarify that hospitals must issue certificates indicating the length of hospitalization for the purpose of granting leave. – Kinga Polewka-Włoch comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

If a trade union fails to submit information about its membership count by the specified deadlines of 10^th July and 10^th January of the following year, it will lose its rights as a company trade union. This has significant consequences, including the loss of special employment protection for members of the union’s executive board under Article 32(1) of the Trade Union Act. To regain these lost rights, the union must provide the employer with the required membership information. – Katarzyna Stępień comments for Rzeczpospolita.

Full article in Polish avialible: here. 

Polish companies are increasingly susceptible to cyberattacks, and human error often serves as a significant vulnerability. Despite this growing threat, many employers continue to rely on outdated workplace regulations that prioritize the protection of tangible assets and restrict the access of third parties to the workplace, while neglecting the crucial importance of data and IT security.

To mitigate this risk, it is essential to incorporate appropriate provisions into workplace regulations and implement comprehensive cybersecurity awareness training for employees to help them recognize and prevent cyber threats. – Sławomir Paruch comments for Rzeczpospolita.

Full article in Polish avialible: here.

Following the 2023 parliamentary elections, one of the most significant and publicly visible government policy shifts has been signaled by the Ministry of Labor and Social Policy. The ministry, headed by Agnieszka Dziemianowicz-Bąk from the New Left party, is debating pro-labor reforms that may deliver shockwaves to the market. One calls for shortening the workweek to 4 days and cutting the standard shift time. Some of these ideas are in line with the EU’s views on labor and employment, and set the tone for increasing the protection of workers recently expressed in such EU legislative measures as the Work-Life Balance Directive, the Whistleblower Directive, the Platform Directive, to name a few. – Marcin Sanetra comments for AmCham.Pl QUARTERLY.

Article: here.

The digitalisation of HR processes in organisations has become one of the key responses to technological transformation challenges. Modern technologies such as digital HR data management, predictive analytics and advanced HR algorithms have revolutionised approaches to HR management. Despite this, for many Polish companies the transition to paperless systems is still a challenge. – Bartosz Wszeborowski, and Julia Łuszczewska comment for Contact Online magazine.

Article: here. 

While the current legislation does not include an appeal process for whistleblowers, it does allow them to make external notifications and public disclosures. To ensure cases are heard thoroughly and any doubts are addressed, legal entities might consider implementing an internal appeal procedure. Engaging an external, specialised arbitrator could be beneficial in addressing any potential irregularities that may arise during the follow-up process. – Karolina Kanclerz and Mateusz Krajewski comment for Dziennik Gazeta Prawna.

Full article in Polish avialible here.

Not all allegations made by the Social Insurance Institution about the fraudulent nature of a pregnant employee entering into an employment contract to obtain insurance coverage are valid. Pursuing insurance protection for a pregnant woman without setting excessively high pay is reasonable and justifiable behaviour from both a personal and social perspective. – Karolina Kanclerz and Michalina Lewandowska-Alama comment for kobieta.rp.pl.

Full article in Polish avialible here.

This could happen when a whistleblower, acting on behalf of another business, deliberately reports a wrongdoing that never took place. In such cases, the whistleblower may not only lose their protection but also be liable for any loss or harm caused. Entrepreneurs who submit false reports to gain a competitive edge may not fully grasp the potential consequences. Such reporting can lead to legal liability not only under whistleblower protection laws but also other legislation, such as the Combating Unfair Competition Act. – Bartosz Tomanek and Mateusz Krajewski comment for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.