DLA Piper HR Blog

Labour law updates and recommendations

Mateusz Gajda

New templates of personal questionnaires

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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 …

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

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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 …

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Changes in the way of keeping employees personnel files

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A draft regulation of the Minister of Family, Labour and Social Policy on employee documentation has been posted on the website of the Government Legislation Centre. The draft proposes significant changes to the method and conditions of keeping and storing employees’ personnel records. One of the key changes is the introduction of a new structure …

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Minimum wage in 2019

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In 2019, employers will be obliged to pay full-time employees at least PLN 2,250 gross (approx. EUR 580) 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 …

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Introduction of changes to the law governing the functioning of trade unions

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The amended provisions of the Act on Trade Unions will come into force on 1 January 2019. One of the most important changes will be that civil law contractors (i.e. individuals hired under civil law contracts such as a contract of mandate or a contract for performing a specified task, as well as individuals running …

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The consequences of incorrect recording of working hours

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Employers are required to keep a record of employees’ working hours in order to correctly determine their remuneration and other work-related benefits. Employers should record in particular information on work on Sundays and public holidays, work at night, overtime work, time when an employee was on-call, holidays, any  other absences from work. The main risk …

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Flexible place and time of work for parents caring for sick children

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New provisions of the Labour Code recently came into force which introduce significant changes in flexible working arrangements for employees who are parents taking care of sick children. The changes concern employees who are expecting the baby provided that the pregnancy is at risk, parents of children who have a certificate of severe and irreversible …

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Electronic medical sick leave certificates obligatory from December

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The date of entry into force of the provisions introducing mandatory electronic sick leave certificates has been postponed again. Currently, doctors can issue sick leave both in paper and electronic form. Issuing paper sick leave certificates will be possible only until 30 November  2018 – subsequently,  the sick leave  certificates will have to be issued in electronic …

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Reduction of the obligatory period of keeping employees’ personnel files

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New provisions of the Polish Labour Code will come into force on 1 January 2019 which will reduce the obligatory period of keeping employees’ personnel files. This period is currently 50 years after the termination of the employment relationship, whereas according to the new provisions, it will be reduced to 10 years. However, employers will …

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Verification of a candidate’s / employee’s criminal record in the financial sector

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In general, Polish law limits the scope of data that employers are allowed to process, i.e. there is a specific catalogue of personal data that may be collected and processed during the recruitment process and during the period of employment. This catalogue does not include information about the criminal record of a given candidate/employee, so …

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