Legal know-how, employment updates and recommendations

Delivering a termination letter during the pandemic

After almost two years of the pandemic and the widespread practice of remote working, the legislator has still not decided to make life easier for employers and extend the activities that can be performed electronically. On the contrary, delivery by mail has been significantly modified to the disadvantage of employers for quite some time in …

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Key considerations when terminating employment without notice

Termination of employment without notice due to the fault of the employee (summary dismissal) is regulated in Article 52 of the Labour Code. It is permitted in three specific cases: when an employee commits a serious breach of his/her employee obligations; when an employee commits a crime which makes it impossible for him/her to continue …

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Minimum wage in 2022

On 14 September 2021, the Council of Ministers issued a Regulation on the amount of the minimum monthly wage and the amount of the minimum hourly rate in 2022. As a result, from 1 January 2022, employers are obliged to pay full-time employees at least PLN 3,010 per month. The minimum wage rate has also …

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What awaits employers in 2022 – a summary of the key proposed legal changes

In 2021, discussions began on a number of important changes to employment-related legislation, the implementation of which will entail new obligations for employers. Some of these changes will involve the introduction of completely new legal instruments (e.g. concerning the protection of whistleblowers), and some will necessitate the adjusting of existing solutions to the stringent new …

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Positive changes in the employment of foreigners

In the last quarter of 2021, a government bill amending the Act on Foreigners and certain other acts was submitted to the Sejm (the lower house of the Polish Parliament). The bill is primarily aimed at streamlining the procedures for granting temporary residence and work permits. Apart from the Act on Foreigners, the bill also …

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Long-term sick-leave will no longer be a reason preventing dismissal

The new rules for calculating the benefit period will mean that employees will not be able to stay on sick leave for an indefinite period to avoid termination of their employment contracts. According to the currently binding provisions, the period for which an employee can claim sickness allowance is 182 days, and in case of …

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Changes in Polish law resulting from the EU Work-Life Balance Directive

In 2022 the Polish Labour Code is due to be amended in order to implement EU Directive 2019/1158 of 20 June 2019 on work-life balance for parents and carers. The main objective of the Directive is to achieve equality between women and men both in the labour market and in the share of caring responsibilities, …

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Protection of whistleblowers still without guidelines

In the second half of October, the long-awaited bill on the protection of whistleblowers – more commonly known as the “whistleblower law” – was published. The new legislation aims to implement EU Directive 2019/1937 into the Polish legal system and the deadline for doing so is 17 December 2021. With the deadline fast approaching, there …

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Failure to disclose foreign travel during a pandemic as a serious breach of basic employee obligations

Judgment of the Regional Court in Olsztyn of 29 January 2021, ref. no. IV Pa 79/20 According to the judgment of the Regional Court in Olsztyn of 29 January 2021 (ref. no. IV Pa 79/20), withholding information from the employer about foreign travel during a pandemic may be considered a serious breach of basic employee …

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Whistleblower law

On 18 October 2021, the Government Legislation Centre published the long-awaited bill on the protection of people reporting breaches of law, widely known as the “whistleblower law”. The aim of the bill is to implement into the Polish legal system the EU Directive 2019/1937, according to which it will be the duty of every employer …

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Registration of contracts for specific work

From 1 January 2021, entities concluding contracts for specific work (in Polish:  umowa o dzieło) will be required to register them in the newly created register kept by the Social Insurance Institution (ZUS). The registration obligation will apply, among others, to contracts concluded between persons that are not parties to an employment relationship, which means …

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New aid solutions in relation to COVID-19 – Shield 6.0

On 15 December 2020, the sixth in a series of so-called Anti-Crisis Shields, also known as the Industry Shield, was published in the Journal of Laws. The new regulations are aimed at around 40 sectors, including retail, food and services, transport and culture. Enterprises whose main activity fell under a specific code of the Polish …

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New restrictions in connection with COVID-19

The Regulation of 6th November 2020 introduced new restrictions connected with the COVID-19 pandemic, which may have a significant impact on the functioning of many employers. Below, we present the most important of them: Closed shops in shopping malls except grocery shops, shops selling cosmetics, building and repair products, articles for pets, newspapers or books; …

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