HR Signal: The EU Whistleblowing Directive

Read more

When does a job title matter?

Not every change to an employment relationship requires the use of a formal amending notice. It is mainly required when there is a significant change to the working conditions or salary agreed in the employment contract. To assess this, the current terms of employment should be compared with the new ones – for example, changes to the type of work or the place where it is performed. It is then necessary to determine whether a change has occurred, whether it is significant, and whether it is unfavourable to the employee. – Mariusz Maksis comments for Rzeczpospolita.

Full article in Polish available: here.

Reviving collective agreements

Implementing preferences in public procurements, tax breaks, or budget support for company-level collective agreements may play a crucial role in bringing them back to life. It is also encouraging that the Social Dialogue Council plans to run sector-level pilot programmes to see whether industry-wide agreements could become an attractive model for a given sector. If the model works, it could be the first step toward bringing back multi-company collective agreements, which have barely existed in Poland for years. – Sławomir Paruch comments for Dziennik Gazeta Prawna.

Full article in Polish available: here.

Collective agreements without incentives for social dialogue

For many years, collective agreements have played only a limited role in Polish labour law – although they exist in theory, they are rarely used in practice, especially in the private sector. This is why the strong emphasis on collective agreements in directive (EU) 2022/2041 of the EU Parliament and the EU Council, which entered into force in 2022, raises questions about the future of collective agreements in Poland as well. – Sławomir Paruch, Robert Stępień, Paweł Sych, Michal Bodziony, Kinga Ciosk and Mikołaj Wilczek for Dziennik Gazeta Prawna.

Full article in Polish available: here.

Trade unions and employers must work together to close the pay gap

According to the new pay transparency bill, trade unions present within companies will now be directly involved in job evaluation and assignment of employees to different categories. Employers would need to either reach an agreement or consult union representatives on all evaluation criteria and sub-criteria. – Robert Stępień and Michał Bodziony comment to Rzeczpospolita.

Full article in Polish available here.

Reduced working hours for selected employees: risk of unequal treatment?

When companies introduce reduced working hours for the same pay only for an arbitrarily selected group of employees, it may lead to allegations of unequal treatment. To mitigate this legal risk, employers must ensure that participants for the pilot programme are chosen based on objective and verifiable criteria, such as the specific department or the nature of the role. Alternatively, a random selection across individual organisational units may be used to reinforce the experimental nature of the pilot. – Kinga Polewka-Włoch comments to Dziennik Gazeta Prawna.

Full article in Polish available: here.

Task-based working hours: not overtime-proof

A task-based working time system is neither a ticket to total flexibility nor a means to avoid overtime. It is a strategic tool that remains effective only if the employer accurately assesses the nature of the work, the true scope of duties, and the employee’s actual capacity. When implemented correctly, the system delivers what modern organisations value most: employee autonomy, transparency of expectations, and effective workload management. However, if “task-based” becomes merely a superficial label applied to a traditional working structure, it may lead to legal disputes, unmanaged overtime, and potential employer liability. – Kinga Polewka-Włoch and Jan Kozakoszczak comment to Rzeczpospolita.

Full article in Polish available: here.

Regulating employee outsourcing in Poland: Changes to the Labour Code

The problem of employee outsourcing stems primarily from its similarity to temporary work, while lacking the necessary safeguards required for that specific form of employment. Temporary work can only be provided by temporary employment agencies. Meanwhile, many businesses use outsourcing as a workaround, which is often an incorrect application of the law intended to bypass the existing regulations. Companies opt for this arrangement to reduce costs and avoid the application of specific regulations concerning temporary work. – Barbara Galant for Dziennik Gazeta Prawna.

Full article in Polish available: here.

A prelude to greater pay transparency and equality

The introduction of gender-neutral job titles and, more significantly, the mandatory disclosure of salary ranges carries implications that extend far beyond mere technical or organisational compliance. The changes will raise awareness and provide necessary tools to effectively evaluate pay equality. In the long term, such transparency is likely to lead to an increase in both the frequency and the scale of legal disputes concerning equal treatment in the workplace. – Sławomir Paruch comments to Rzeczpospolita.

Full article in Polish available: here.

New equal pay regulations: What are the new obligations and how should they be implemented?

The recently introduced changes should be viewed in a positive light, as they offer a useful framework for employers to begin their transition toward the new directive. Businesses can already start reviewing their internal structures and establishing clear criteria for assessing the value of work. This represents a significant step towards eradicating pay discrimination while simultaneously offering an opportunity to evaluate and reorganise existing corporate structures and remuneration policies. Rather than focusing on abstract concepts, the new regulations address the practical foundations of business operations and costs. Consequently, fulfilling these new obligations serves as a valuable opportunity to identify solutions that will ultimately strengthen an employer’s market position. – Paweł Sych and Patryk Kozieł comment for the HR na Szpilkach magazine.

Full article in Polish available: here.

The Whistleblower Protection Act: a one-year retrospective on successes and challenges

A year after its publication, the Whistleblower Protection Act has delivered measurable benefits despite some interpretative uncertainties and practical hurdles. Notably, it has significantly heightened compliance awareness within organisations that previously overlooked such practices. Furthermore, the adoption of a preventive reporting approach and the establishment of formal internal reporting channels provide Polish organisations with a distinct competitive edge. The Act also mitigates the need for the state to expand its own systems for monitoring legal violations. – Bartosz Tomanek and Mateusz Krajewski comment for the Monitor Prawa Pracy magazine.

Full article in Polish available: here.

Enter your username or email address. You will receive an email with link to reset your password.