Month: May 2025

Starting as early as 1st June, a new law governing the labour market and employment services comes into force. This legislation aims to enhance the system’s integrity, boost transparency, and stamp out abuses, especially those concerning employing non-nationals and sidestepping regulations. Beyond these critical objectives, the new law also streamlines many formal obligations, aligning them more closely with current economic realities and supervisory frameworks. This article outlines the ten pivotal changes that the new legislation will bring – Karolina Kanclerz comments for Business Insider Polska.

Full article in Polish avialible: here.

The presidential veto of the recent health contributions bill sparked immediate questions: Will a revised proposal to reduce these payments return, and in what format? This current debate brings to mind the significant – and widely criticized – alterations to entrepreneurs’ health contributions under the “Polish Deal” tax overhaul in 2022. While the previous grievances are being overshadowed by the urgent needs of the healthcare system, a significant development has occurred: The Supreme Court has voiced concerns regarding the constitutionality of the current legislation, citing its differing treatment of employees and entrepreneurs, as well as the varying impact on entrepreneurs based on their chosen taxation method. –  Łukasz Chruściel comments for Rzeczpospolita.

Full article in Polish avialible here.

While the Polish Labour Code does not explicitly grant employers the right to ban employees from discussing politics, experts suggest that certain restrictions may be implemented. – Krzysztof Gąsior comments for Dziennik Gazeta Prawna.

Full article in Polish avialible here.

When determining work of equal value, job position can serve as a comparative criterion, but it is not the sole factor to consider. – Patryk Kozieł explains for Rzeczpospolita.

Full article in Polish avialible here. 

The Labour Code amendment, intended to integrate parts of the EU Pay Transparency Directive, aims to bolster job applicant rights and ensure equal treatment. However, despite the positive intent, currently drafted provisions as incomplete, inconsistent, and imprecise, raising concerns about their ultimate effectiveness. – Kinga Polewka-Włoch comments for Dziennik Gazeta Prawna.

Full article in Polish avialible here. 

The CJEU, in its judgment of 29 July 2024 (C-184/22 and C-185/22), has challenged the practice of granting overtime allowance to part-time employees only after they exceed the full-time working standard. The Court deemed this less favourable treatment and potentially indirect discrimination, especially against female employees. The case in question involved two German female employees working 40% and 80% of full-time, who were denied overtime pay for hours worked beyond their contracted hours. Their employer’s collective agreement stipulated that overtime allowance was only payable upon exceeding the full-time threshold, a condition practically unattainable for part-time workers.

The CJEU’s rationale was that this type of overtime rule contravenes the principle of equal treatment, carries a risk of gender discrimination, and cannot be justified by an employer’s aim to control overtime expenses. This decision has significant implications for Polish employers and HR professionals, potentially requiring a re-evaluation of the established practice based on Article 151 § 5 of the Labour Code and relevant Supreme Court rulings. Polish employers could face claims for overtime compensation from part-time workers and accusations of unequal treatment or discrimination.

– Sandra Szybak-Bizacka and Michalina Lewandowska–Alama comment for ius.focus.

Full article in Polish avialible here.

Trade union engagement must not serve as a shield against the dismissal of incompetent employees, a funding source for extravagant travel training, or a means to justify unwarranted time off work. In the daily collaboration with trade unions, transparency and a shared commitment to employee well-being and the organization’s efficient operation are crucial. However, some trade unions may interpret and use legislation in ways that can cast doubt on their motives. While these may be isolated occurrences, they could sour the relationship and the overall perception of trade unions. Below, we outline solutions that foster positive cooperation and prevent situations that erode trust between employers and unions. – Sławomir Paruch, Robert Stępień, Michał Bodziony, Kinga Ciosk, and Magdalena Byczek comment for Rzeczpospolita.

Full article in Polish avialible here.

A consistent line of court rulings has firmly established prolonged illness as a legitimate reason for terminating employment by notice. The Labor Code permits the termination of an employment contract without notice in cases of extended employee absence due to illness. Consequently, if immediate termination is permissible for such absences, termination with notice should logically be an even more acceptable course of action. – Kinga Polewka-Włoch and Agata Ankersztajn comment for Ius.Focus.

Full article in Polish avialible here.

Companies hiring non-domestic employees will face new responsibilities, some of which could be time-consuming and expensive. Further adding to this complexity is the unclear guidance on whether employment contracts with non-nationals need to be translated. – Tomasz Rogala comments for Dziennik Gazeta Prawna.

Article here.

The government plans to introduce a new requirement linking the 800+ child benefit for non-national citizens to their employment. The details on how this will work in practice are not yet clear. It is expected that special exceptions will be made for individuals who are unable to work, such as single parents, or those caring for a child with disability. Additionally, the special act on help for Ukraine will be amended to clarify the rule stating that the 800+ benefit can only be granted if the child attends preschool or school within the Polish education system. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Article here.