We are proud to announce that PCS Paruch Chruściel Schiffter Stępień Kanclerz won two awards in the XXIII Ranking of Law Firms by Rzeczpospolita:
A huge thank you to our PCS Team, Rzeczpospolita’s Editorial Office, our Clients, and industry colleagues!
Congratulations to the winners!
More: here.
Work has begun on a new solution that will enable the Social Insurance Institution (ZUS) to calculate contributions for payers and submit necessary documents. However, the system is expected to be implemented no sooner than 2028 and to initially include only the smallest, one-person companies. The concept of ZUS relieving entrepreneurs of numerous social insurance obligations is, in principle, appealing. Unlike the JPK (Jednolity Plik Kontrolny), whose primary purpose is taxpayer control, the Single Insurance File (JPU) aims to simplify the process for businesses. The ultimate success of this initiative will largely depend on the accompanying regulations. Crucially, ZUS should assume legal responsibility for decisions based on the JPU. This could help prevent current issues where ZUS initially accepts a contract as an employment agreement and collects contributions, only to later question its validity when the insured person applies for benefits such as sick pay. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
Special protection of trade union activists, including employee workplace inspectors, is not absolute. In specific circumstances, the court has the discretion to deny reinstatement or award compensation instead, even if the termination procedure was technically flawed. – Kinga Polewka-Włoch and Paweł Zielecki comment for ius.focus.
Full article in Polish avialible: here.
Ukrainians’ current privileges under Polish law are set to continue for just nine more months. The government has announced an extension of the emergency Ukraine legislation, but only until 4th March 2026. This upcoming change could have significant implications for the Polish labor market. – Karolina Schiffter comments for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
To make a flexible work schedule a genuine advantage, employers should establish a time window for employees to start their day. Employees would then have the autonomy to decide their arrival time at the workplace. – Kinga Polewka-Włoch and Michalina Lewandowska-Alama comment for Rzeczpospolita.
Full article in Polish avialible: here.
The requirement for employers to send a copy of an employment contract with a non-national to the relevant authority currently exists only on paper, largely due to the absence of a dedicated ICT system. This poses a significant challenge, leaving employers concerned about potential penalties. – Karolina Schiffter comments for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.
Navigating employer-trade union relations can be challenging, yet these relationships can significantly impact a company’s daily operations and public image. A well-managed relationship mitigates unnecessary tensions, prevents decision-making delays, and avoids conflicts that could escalate into industrial action or jeopardize operational stability. – Sławomir Paruch, Robert Stępień, Michał Bodziony and Kinga Ciosk comment for Rzeczpospolita.
Full article in Polish avialible: here.
On 5th June 2025, the Ministry of Family, Labour and Social Policy published an amended bill concerning provisions on workplace bullying and discrimination.
The most significant discussions continue to revolve around the proposed changes to workplace bullying. While many of the solutions align with existing line of judicial decisions, some of the proposed amendments raise legitimate concerns, partly due to the risk of ambiguous interpretations.
The key points of the revised bill include:
1. Imprecise definition – the current definition of workplace bullying included in the Labour Code should be simplified; however, very brief wording proposed in the bill may give rise to interpretative issues. Referring to bullying solely as ‘persistent harassment’ significantly lacks precision, which may lead to misunderstandings – both among employers and employees.
2. Incidental inappropriate behaviour is not bullying – the bill explicitly states that incidental behaviour, even if inappropriate and infringing on employees’ personal rights, will not be considered workplace bullying.
3. Critical evaluation of employee’s work is not bullying – the Ministry has also explicitly clarified that an employer’s critical evaluation of an employee’s work does not constitute workplace bullying, provided such opinions are justified and communicated appropriately.
4. Specific circumstances instead of “reasonable victim standard” – the bill also assumes that assessing whether workplace bullying has occurred should be highly individualised, focusing on the specific circumstances of each case rather than adhering to the “reasonable victim standard”.
5. Changed minimum compensation amount – an employee who has experienced workplace bullying will now have the right to claim compensation from the employer in an amount not lower than twelve times the national minimum wage. This is a significant change from the six times the individual employee’s wage proposed in the first draft. Such a method of setting compensation aims to prevent the adjustment of an employee’s harm based Ministry of Family, Labour and Social Policy on their salary level.
6. Recourse claim – under the proposed amendments, an employer who has paid compensation or damages for workplace bullying will gain a direct legal basis to pursue a claim for recourse against the perpetrator. While enforcing such a claim may prove challenging, it will nevertheless create the possibility of holding the perpetrator financially accountable for their actions.
7. Court jurisdiction – If adopted, the proposed provisions will introduce significant changes concerning court jurisdiction. Cases involving the protection of employees’ personal rights, workplace bullying, harassment, and sexual harassment would be handled by district courts regardless of the claim’s value. This shift could potentially lead to an even greater overload of district courts, possibly resulting in further delays in proceedings, which already tend to last for years.
8. More detailed definition of discrimination – the definition of discrimination has also been expanded. While current provisions differentiate between direct and indirect discrimination, the draft additionally introduces two new concepts:
a) Discrimination by assumption – this occurs when an employee is, or could be, treated less favourably in a comparable situation than other employees due to a reason wrongly attributed to them. For example, this could include assuming their beliefs are inconsistent with your own.
b) Discrimination by association – this refers to situations where an employee is, or could be, treated less favourably in a comparable situation than other employees due to their association with a person to whom the discriminatory reason applies, for example, a family member.
9. Employee protection vs false reports – the rights typically granted to employees in cases of labour law violations, including the principle of equal treatment in employment, will not apply to an employee who makes reports of legal violations in bad faith.
How should employers prepare for the proposed changes?
Bearing in mind the planned regulatory changes concerning workplace bullying and discrimination, employers should proactively adjust their internal policies, including workplace regulations, as well as anti-bullying and anti-discrimination procedures.
Given the complex and at times ambiguous wording of the proposed regulations, which may be difficult to interpret, educational activities gain significant importance. We strongly recommend paying special attention to training and raising awareness among both employees and management regarding inappropriate behaviour in the workplace. With these upcoming changes, employers will bear even greater responsibility for fostering a safe work environment, free from inappropriate behaviours. This requires implementing real, systemic, and effective preventive measures.
Feel free to contact us!
We have extensive experience in developing internal regulations and procedures for employers, delivering training, and representing employers in court cases concerning workplace bullying and discrimination.
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A recent Tribunal ruling in the UK may not have a direct impact on Polish courts, but it reflects a broader shift in understanding workplace relationships. – a direction that Polish law is also beginning to follow. A proposed law, currently under the Parliament’s review, states that, when assessing if workplace bullying had occurred, the victim’s personal (but reasonable) feelings must be considered. It is also important to remember that workplace bullying can look very different depending on the environment. What may be acceptable in a coal mine, could be seen as inappropriate in an office, especially among younger employees who may be more sensitive to certain behaviours. – Krzysztof Gąsior comments for BIZNES24.
Interview available here.
Taking effect on 1st June 2025, the upcoming labour market reform is not just about supporting the unemployed; it also brings tangible benefits for employers. Pay subsidies for pensioners and people over 50, alongside cooperation with public employment services, are just a few of the key changes relevant to HR departments. – Michał Włodarczyk and Mateusz Krajewski comment for Dziennik Gazeta Prawna.
Full article in Polish avialible: here.