A proposed amendment to the law on electronic contract management system aims to simplify HR and payroll processes for all businesses. The system would allow employers to create and manage employment contracts online, along with additional features such as calculating leave days and submitting data to government offices. The system would be accessible to all employers – not just small businesses – with the option to join voluntarily and stop using it at any time. – Sławomir Paruch, and Bartosz Tomanek comment for Dziennik Gazeta Prawna.
The proposed changes to the Labour Code address only a small part of the EU’s pay transparency directive requirements. There will not be a major shift, as the current draft still gives employers a lot of flexibility in deciding when and how to discuss salaries during the recruitment process. For example, employers will not be required to include salary information in job ads. Instead, they will only need to provide it to candidates “in due time.” Additionally, the draft does not set specific rules for how salary ranges should be communicated. There are also ongoing uncertainties about how to apply new requirements, such as using gender-neutral job titles in ads and ensuring a discrimination-free recruitment process. – Marcin Sanetra comments for Dziennik Gazeta Prawna.
Companies sending employees to Poland are facing serious challenges due to the lack of a clear and strict definition of “business travel” in Polish law. As a result, an employer who sends a manager to a Polish subsidiary – even just for one to three days – may be unsure whether this fall under the strict rules for employee posting. These rules include requirements like medical checks, health and safety training, and more. To avoid these unclear and sometimes excessive obligations, many companies choose not to report short-term posting to the Polish Labour Inspectorate – despite the legal requirement to do so. – Karolina Schiffter and Tomasz Rogala comment for Dziennik Gazeta Prawna.
There has been a rise in cases where employees try to avoid the consequences of agreements that they have signed, claiming their declarations were flawed. In some situations, employees can even act against the employer’s interests – stating that they are withdrawing from the agreement while keeping the benefits they received, despite violating its terms. Is this legally allowed? Can an employee enter into an agreement with the employer and later back out, claiming they are revoking their declaration? In principle – no. However, there are exceptions to this rule. – Łukasz Chruściel, Anna Kencel comment for Dziennik Gazeta Prawna.
At first glance, the idea that an employer could be held responsible for a bank robbery may be surprising. However, sometimes the answer may be yes. One of the employer’s key responsibilities is to ensure a safe working environment. This includes properly organising work and anticipating potential risks that may arise when employees perform their duties. If those risks are foreseeable and not addressed, the employer may be held accountable. – Mariusz Maksis comments for Rzeczpospolita.
Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution. While both countries have similar basic principles, there are key differences in how these rules are applied. We explore the complex landscape of employment terminations, focusing on the contrasting approaches in the UK and Poland. The discussion provides valuable insights for businesses operating in both jurisdictions, emphasizing the importance of understanding local laws and procedures when it comes to terminating employment. – by Karolina Kanclerz, Bartosz Tomanek, and Caroline Baker.
The Polish Labour Code has been updated to include a new form of parental leave: additional maternity leave. This important change offers extended care time for parents whose newborns require hospitalisation following their birth. These new measures address a recognised gap in the existing law and directly respond to the needs of employees facing exceptionally challenging circumstances – specifically, parents of premature infants, as well as full-term babies who still need to be in hospital immediately after they are born. – Marcin Szlasa-Rokicki comments for Dziennik Gazeta Prawna.
Equal pay will be due for work that is “equal” or “of equal value,” and the value of the work will be determined on the basis of non-discriminatory, objective criteria. In practice, however, it may turn out that the application of this logic in, for instance, a large retail company may require not only the equalization of wages of, for example, male cashiers and female cashiers, but also of female cashiers and male storekeepers. How is this possible? A look at how other countries have approached pay equality is instructive. – Sławomir Paruch, Marcin Sanetra, and Nicola James.
