A recent court ruling provides employers with a powerful tool to protect their interests and quickly part with a disloyal employee. This ruling is particularly significant in light of data protection regulations, as the leakage of confidential information can have serious consequences for the company. Therefore, if a breach occurs, employers do not have to wait for actual damage to follow in order to take disciplinary measures against a disloyal employee. – Karolina Kanclerz and Łukasz Marzec comment for Rzeczpospolita.
Full article in Polish avialible: here.
While Ukrainian citizens have been granted broad access to the Polish labour market, recent legislative changes have created numerous pitfalls, making it easy for employers to inadvertently violate employment laws. – Aleksander Dżuryło comments for Strefa Biznesu.
Full article in Polish avialible here.
With 1st January fast approaching, any organization meeting the statutory employment threshold must implement Chapter 3 of the Whistleblowers’ Protection Act. Establishing an effective internal reporting procedure requires time and careful consideration. Key steps include planning the handling of reports, selecting appropriate reporting channels tailored to the organization’s specific needs, and assigning responsibility for receiving and processing reports. Employee consultation regarding the procedure is also mandatory. Organizations without trade unions should promptly select representatives to facilitate this process. – Bartosz Tomanek and Mateusz Krajewski comment for Dziennik Gazeta Prawna.
Full article in Polish avialible here.
Currently, the Labour Code only states that employers are required to prevent bullying. Clarifying employers’ duties in this regard is a good move. Personally, however, I am not convinced that such provisions necessarily need to be included in the work regulations. This requirement would mean that smaller employers with fewer than 50 employees would not have to implement an anti- bullying policy. I believe this is not a good solution, as bullying occurs regardless of the size of the employer. – Michał Włodarczyk comments for Dziennnik Gazeta Prawna.
Full article in Polish avialible here.
Here is a roundup of the key HR law updates and proposals from November 2024. Highlights include extended employee rights in connection with flood-related emergencies and the introduction of contribution holidays. Significant legislative efforts are also underway, including the implementation of the directive on fair wages and additional maternity leave for parents of premature babies. – Sandra Szybak-Bizacka and Katarzyna Stępień comment for Dziennik Gazeta Prawna.
Full article in Polish avialible here.
An employee sharing internal documents outside the organisation or collecting them form personal use violates their fundamental duty to protect the employer’s interests and assets. This constitutes grounds for immediate termination of employment without notice due to the employee’s fault (Article 52 § 1(1) of the Labour Code). This applies even if the documents or information were taken solely for the purpose of initiating legal proceedings against the employer or reporting to other authorities. – Katarzyna Stępień comments for Rzeczpospolita.
Full article in Polish avialible here.
Information shared online by employees, including content unrelated to their work, can play a significant role in assessing their soft skills and impact their position in the job market. On the other hand, such activity may lead to negative consequences if it breaches employee obligations. This applies regardless of whether the activity occurs during working hours or outside of them. Questions often arise about whether employers can use publicly available information obtained in this way. However, such concerns are unwarranted, as it is difficult to argue that employers cannot utilize publicly accessible data. This information may be relevant not only from the perspective of the employer’s responsibilities but also in terms of protecting the company’s reputation or identifying breaches of employee obligations. – Paweł Sych and Patryk Koziel comment for magazine HR na Szpilkach.
Full article in Polish avialible here.
In introducing Christmas Eve as a non-working day, the Parliament removed the regulation limiting the Sunday trading ban to entrepreneurs. If the Senate does not reinstate it, the change could be very disorienting for the market. It is uncertain whether this was an intentional move or an oversight. – Paweł Sych comments for Dziennik Gazeta Prawna.
Full article in Polish avialible here.
Establishing an internal reporting procedure requires consultation with the company’s trade union or employee representatives, depending on the specific circumstances. This process takes at least 5 days, and the procedure becomes effective 7 days after being communicated to hired. Notably, the Whistleblower Protection Act does not specify how to modify existing procedures. This means that any modification would necessitate repeating the entire consultation process, including the waiting period for the changes to take effect. However, what if the procedure is changed during the follow-up action or after the report has been received? Can a company modify the procedure at will, disregarding active internal investigations and incoming reports? – Bartosz Tomanek and Mateusz Krajewski comment for Dziennik Gazeta Prawna.
Full article in Polish avialible here.
Employees have the right to express their opinions, even negative ones. However, it is important to distinguish between constructive criticism and harmful hate speech, which is designed to humiliate others. Currently, suing the author of an online post that violates an employer’s personal rights requires identifying that individual. To simplify this process, legal changes are being considered, including the introduction of “blind lawsuits”. – Karolina Kanclerz and Klaudia Majkutewicz-Jędrzejak comment for Rzeczpospolita.
Full article in Polish avialible here.
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