Legal know-how, employment updates and recommendations

Minimum wage in 2020

In 2020, employers will be obliged to pay full-time employees at least PLN 2,600 gross (approx. EUR 600) per month. This increase in the minimum wage will have an impact on other financial benefits received by employees in connection with their employment, i.e. there will be an increase in severance pay in the case of collective dismissals or in the special allowance for working at night. According to the new provisions, the minimum wage for …

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Changes to the rules on conducting court proceedings

On 7 November 2019, new provisions of the Code of Civil Procedure will come into force that introduce significant changes to the rules on conducting proceedings before labour courts. One of the most important changes is giving dismissed employees an opportunity to return to work after a favourable, non-final judgement of the court of first instance (i.e. a judgement that can be appealed against in the court of second instance). The change is important for …

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Changes to the rules on issuing work certificates

On September 7 2019, significant changes to the rules on issuing employment certificates to employees in connection with the termination of cooperation with the employer will come into force. Under the new rules, employers will be required to issue employment certificates to employees on the date on which their employment ends. Employers that are not able to do this for objective reasons will be required to provide the employment certificate to the employee within the …

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Changes in the law concerning discrimination and mobbing

New provisions of the Polish Labour Code will come into force on 7 September 2019 that introduce significant changes to how employees can seek protection against discrimination and mobbing. The main change is the introduction of an open catalogue of grounds for discrimination, which in practice allows employees to claim discrimination by the employer for reasons not listed in the Labour Code. As a result, any unequal treatment of employees without objective reasons may be …

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The deadline for implementing the first PPKs is fast approaching

The date – 1 July 2019 – of the obligatory application of the Act on Employee Capital Plans (PPK) for employers that had at least 250 employees on 31 December 2018 (including  individuals working under certain civil law contracts) is fast approaching. The establishment of a PPK is associated with a number of additional obligations for the employer, including, the necessity of selecting a financial institution to manage the PPK in a given employing establishment …

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Impact of the GDPR on the rules for processing data relating to employees using a company social benefits fund

Employees wishing to take advantage of  benefits financed by a company social benefits fund are usually required to provide additional information about their life, family and material situation. The amendment to the Act on Company Social Benefits Funds from May 2019 allows employers to process additional information on employees and their families for the purpose of granting benefits from the fund, such as information on the number of family members living in the same domicile …

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Changes in the rules on the CCTV monitoring of employees

In connection with the recent adoption of a new law implementing the provisions of the GDPR, the rules on the use of CCTV monitoring in the workplace have changed. Monitoring of premises made available to trade union organizations New provisions of the Labour Code have introduced an absolute ban on the CCTV monitoring of employers’ premises made available to trade union organizations. This is to guarantee their independence from employers and to ensure that employers …

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New rules of collecting sensitive personal data of candidates and employees

On 4 May 2019 new provisions of the Polish Labour Code came into force which introduced significant changes to the rules of collecting personal data of candidates and employees. One of the most important changes concerns collecting and processing sensitive personal data of employees. According to the new rules, the employer may collect and process sensitive data such as data revealing racial or ethnic origin, political views, religious or ideological beliefs, trade union membership and …

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New templates of personal questionnaires

As a result of the new rules on the keeping of employee documentation as well as introduction of the new principles of data protection employers should change the templates of personal questionnaires for candidates and employees. The templates are available on the website of the Ministry of Family, Labour and Social Policy: https://www.gov.pl/web/rodzina/bip-pomocnicze-wzory-dokumentow-zwiazanych-z-ubieganiem-sie-o-zatrudnienie-nawiazaniem-zmiana-oraz-ustaniem-stosunku-pracy The most important changes include: with respect to candidates, the templates no longer include the section on additional abilities and interests, with …

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Summary of the most important recent changes in Polish employment law

As we mentioned in previous blog posts, on 1 January 2019 new employment rules came into effect. The most important are the following: Entry into force of the Act on Employee Pension Plans As part of the reform of the pension system, the Polish government has introduced a new form of saving into the Polish legal system that will allow the accumulation of additional funds for retirement – employee pension plans. Although the introduction of …

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Favourable changes in health and safety rules

New provisions of the Polish Labour Code came into force on 1 January 2019 which limit the necessity of conducting periodic health and safety training for employees whose work involves a low accident rate and low exposure to harmful factors. The new regulations are very important for employers that employ administrative and office staff provided that employer carries out business activity classified not higher than at the third risk level within the meaning of the …

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New rules of keeping employee documentation

On 1 January 2019, the regulation of the Minister of Labour, Family and Social Policy on the rules of keeping employee documentation comes into force. The new provisions will introduce a number of changes to the rules of collecting and keeping documentation related to the employment relationship. In particular, they will specify in detail the requirements that employers should meet if they want to change the form of keeping employee documentation from paper to electronic. …

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Introduction of the Act on Employee Pension Schemes

On 1 January 2019, the Act on Employee Pension Schemes will enter into force, introducing a new method of saving for retirement – employee pension schemes. The introduction of the employee pension schemes will take place in several phases. Initially, the obligation to create a scheme will apply only to employers with at least 250 employees, but the ultimate target is that all employers in Poland will be obliged to create a scheme. Employers will …

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Abolition of the maximum annual basis for calculating social security contributions deemed unconstitutional

On 14 November 2018, the Polish Constitutional Tribunal ruled that the act abolishing the maximum annual basis for calculating some social security contributions is unconstitutional. As a reminder, earlier in 2018 the Polish parliament passed a new law which abolished the limit on the maximum annual basis for calculating some  social security contributions i.e. retirement and disability contributions . As a consequence of the new law, Poland’s top-earners would have seen their remuneration reduced and …

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12 November 2018 will be a public holiday

To mark the 100th anniversary of Poland regaining its independence, 12 November 2018 has been declared a national holiday. On this day, employees of most employing establishments (including retail establishments) cannot perform work, unless statutory provisions allowing work on Sundays and public holidays apply to them. Apart from the need to introduce significant changes to the organization of work, the introduction of this new public holiday will also cause a change in calculating the cash …

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