HR Signal: The EU Whistleblowing Directive

Read more

Dismissals for reduced availability – discriminative?


An employer may and should expect employee’s presence at work to enable proper performance of their duties. This criterion will not be treated as discriminatory pretext, and, in principle, may be used for selecting employees for dismissal. It should be noted, though, that unless there are grounds for terminating the employment contract, e.g., under Article 63 of the Labour Code, the employer should also be able to demonstrate that the absence of the employee had a negative impact on the organization of work in the workplace, therefore infringing on the employer’s interests. – Mariusz Maksis comments for Rzeczpospolita.

Full article in Polish avialible: here.