Every company that hires an intern will now be required to sign a contract and provide a salary. Interestingly, however, the new rules will not apply to a large area in which internships are most commonly used. The law will only cover internships offered on the labour market. It will not apply to internships that are part of formal education programs, those organised by labour offices, or those required to enter regulated professions. – Sandra Szybak-Bizacka comments for Dziennik Gazeta Prawna.
According to a recent ruling by the Supreme Court, any employer’s private information, constituting their property or personal asset, which is not public or intended for the employee, should not be recorded or collected. If an employee admits to secretly recording conversations to use against their boss in official proceedings, this may be considered valid grounds for the termination of their employment. – Karolina Kanclerz and Mateusz Krajewski comment for Rzeczpospolita.
An employee who is present at their workplace, despite having a medical certificate confirming their incapacity to work, is not covered by the protection against termination of employment as outlined in Article 41 of the Labour Code. However, if an employee comes to work to carry out tasks important for their employer or the company, a court should consider two points. Firstly, whether the dismissal is truly justified under Article 45(1) and, secondly, whether the employer’s action is against the basic principles of social fairness (Article 8 of the Labour Code). – Kinga Polewka-Włoch and Jan Kozakoszczak comment for Legalis.
From 1 January 2026, a single signature from a labour inspector will have the power to instantly reclassify a contract based on the Civil Code into an employment agreement, and this decision will take immediate effect. While the proposed legislation outlines a formal appeals procedure, a successful appeal may not resolve all issues. In my view, the seven-day deadline for appealing to the Chief Labour Inspectorate is far too short for what should be the initial stage of a two-step review, rather than just a formality required to begin legal proceedings. – Paweł Sych comments for Dziennik Gazeta Prawna.
The protection against termination for trade union activists is not an absolute immunity. The Supreme Court has confirmed that in certain cases, a protected activist’s employment contract may be terminated with notice if the reasons are objective and unrelated to their function as a trade union representative. – Paweł Sych comments for Dziennik Gazeta Prawna.
If the government wants to encourage employers to enter into collective agreements, they should provide not only flexibility but also clear rules for exiting them in case of financial difficulties or changes in business conditions. A good step could be allowing changes to the terms of an agreement without the need for individual amendments to each employee’s contract. With more flexible regulations, employers would see real benefits in choosing a collective agreement over, for example, a pay policy.
Will the new law reverse the downward trend? A revolution should not be expected. The changes will not stop the overall decline in the number of agreements, but where they are applied, they could become a clearer and more practical way of setting workplace rules. – Robert Stępień and Michał Bodziony comment for Dziennik Gazeta Prawna.
The Ministry of Family, Labour and Social Policy has launched a pilot programme for a four-day working week, with a 15 September deadline for eligible employers to apply. While the initiative seems promising, it requires thorough preparation. Without careful implementation, the new schedule could cause disputes with staff, lead to chaos, and even result in the company having to return the financial subsidy. – Kinga Polewka-Włoch and Kajetan Zając comment for Rzeczpospolita.
Keeping working time records is one of the employer’s key responsibilities. These records ensure that salaries, overtime pay, and other benefits are calculated correctly. In the event of an audit or a dispute over overtime, they also serve as important evidence. Accurate record-keeping matters both for employers and employees. However, it’s important to remember that tools used for tracking work time cannot be used to spy on employees. How to use them in compliance with the law? – Kinga Polewka-Włoch and Agata Ankersztajn comment for Rzeczpospolita.
An employee sending confidential data to their personal email account for purposes unrelated to work is unlawfully using their employer’s trade secrets. If this information holds a measurable economic value, its removal from the company’s control is a significant threat to the business. – Mariusz Maksis comments for Rzeczpospolita.
The way contracts based on the Civil Code, including B2B contracts, are converted into employment contracts is about to change completely. The National Labour Inspectorate (PIP) will no longer be required to file a lawsuit to establish whether or not there was an actual employment relationship, or to participate in lengthy court proceedings. Instead, it will be empowered to issue an administrative decision on its own. This shift effectively reverses the burden of proof – the employer or contractor will have to prove that their arrangement is not an employment relationship, rather than the Inspectorate having to prove that it is. – Sławomir Paruch comments for Dziennik Gazeta Prawna.
