HR Signal: The EU Whistleblowing Directive

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Stricter regulations on vaping in the workplace

Employers now have a clear legal basis to ban vaping at work. This follows the amendment to the tobacco law, which broadens the definition of ”smoking electronic cigarettes” to cover both nicotine and nicotine-free vapor. Previously, the law restricted only nicotine vapes in public places, including workplaces. This left a loophole for employees using nicotine-free vapes to bypass the ban. In practice it was difficult for employers to enforce the law, since it did not provide direct methods of control – unlike, for example, drugs and alcohol testing. – Kinga Polewka-Włoch comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Layoffs as a last resort – what are the alternatives?

Restructuring does not always have to mean layoffs. Sometimes a company does not need to reduce the headcount but rather shift the employee skills to new areas within the firm. Layoffs should always remain the last resort – used only when there is no other solution, or when an employee is unwilling to adapt their skills to the changing needs. It is important to note that layoffs come with high costs: financial, reputational, cultural. They often create uncertainty across the company. These are all factors that need to be carefully managed as part of any restructuring process. – Michał Bodziony for inwestorzy.tv.

The interview available here.

Ministry will simplify job evaluation for employees

Ministry of Labor promises practical tools to help companies prepare for the implementation of the pay transparency directive. Poland must implement it by 7th June 2026, but in certain aspects employers may be impacted as early as 1st January, 2026. The clock is ticking – this is the right moment to start preparing, especially as the government is already moving ahead with advanced work on implementation. Will Ministry’s tools be helpful for employers? – Sławomir Paruch, Marcin Sanetra,  Michał Włodarczyk, Oskar Kwiatkowski, and Magdalena Pawelczyk comment for Rzeczpospolita.

Full article in Polish avialible: here.

Misconduct investigation extend the deadline for disciplinary action, but it should be carried out efficiently – Supreme Court ruling

The one-month period for a company to dismiss an employee for misconduct without notice does not start until they have reliable proof of the employee’s wrongdoing, which justifies summary dismissal. This means the one-month period begins only after any internal investigation has finished, provided that the investigation was initiated immediately and carried out efficiently. – Karolina Kanclerz and Kamil Nazimek comment for Rzeczpospolita.

Full article in Polish avialible: here.

New rules for hiring non-nationals: businesses demand legal clarity

Not only companies, but also government agencies are struggling to implement new regulations for hiring non-nationals, and the penalties for non-compliance might be quite heavy. The illegal employment of a non-national is now punishable by a fine ranging from PLN 3,000 to PLN 50,000. Crucially, this penalty may be imposed for each illegally employed person, a significant change from the previous single-penalty system. Furthermore, a second offence can bar the employer from applying for future work permits for non-nationals. A significant new problem has emerged concerning the priority rule outlined in Article 27 of the Act. The legislation fails to specify a deadline for offices to process applications or explain how this priority rule is to be implemented. This creates the risk that applications from the last group may be postponed indefinitely while earlier applications are being processed, making it impossible for companies to obtain necessary permits. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Paper applications for work permits are going in the bin

Even though the process for legalising work and residence for foreign nationals is now fully online, some employers are still sending in paper applications.

While there is no official penalty for an incorrectly submitted application, the consequences are significant: these paper documents will not be processed. Employers will have to resubmit the application correctly through the dedicated IT system, which can cause major delays. With processing times in some regions already exceeding four months, this simple mistake could prevent an employer from hiring a non-national worker on schedule, significantly extending the entire procedure. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Not the submission date, but the receipt date now counts for work and residence permit applications

Employers are reporting a change in how authorities approach the date of application submission for work and residence permits, fearing their documents will be rejected and they will lose their non-national employees. Previously, the postmark date was considered the submission date, whereas now, only the date the application is received matters. This change in approach by the Province Governor’s offices and the Office for Foreigners (UDSC) has not been publicly announced. For companies, this could lead to operational disruptions, staff shortages, and the risk of inspections from the National Labour Inspectorate or the Border Guard. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

The next stage of implementing the EU AI Act is underway. Starting 2 August, employers face new obligations

While the use of AI in the workplace offers attractive benefits like time savings, reduced costs, and process streamlining, the Artificial Intelligence Act introduces significant new obligations for employers. These are particularly relevant for high-risk AI tools and include a constant need to check that systems are working properly. Furthermore, ongoing monitoring of these tools must be performed by a person with the appropriate skills, authorisations, and training. Employers will also be required to keep a record of significant incidents and report them to identify situations that could pose a risk to health, safety, or fundamental rights. – Marcin Sanetra comments for SD Worx.

Full article in Polish avialible: here.

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