Legal know-how, employment updates and recommendations

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 …

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Changes in the way of keeping employees personnel files

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

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

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

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

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

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

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

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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Changes to immigration law

In order to facilitate access to the Polish labour market for foreign citizens, the Ministry of Family, Labour and Social Policy has prepared a bill that amends the resolution of 29 January 2009 on circumstances when a work permit is issued regardless of the specific requirements for granting work permits for foreigners. According to the …

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Legality of conducting background screening tests

“In recent years, it has become increasingly common in Poland for employers to conduct background screening, i.e. to verify information presented by candidates during the recruitment process, as well as to collect additional information on employees during their employment, including from third parties. It usually takes place by contacting former employers or by reading the …

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Changes in the way of paying employees’ remuneration

As of 1 January 2019, employers will be required to pay remuneration into the bank accounts indicated by their employees, unless an employee submits a request to receive the remuneration in person. In practice, this means that  employers will be not longer obliged to obtain consent from an employee to pay the remuneration by bank …

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Changes to the bill on employee pension schemes

Work is in progress on the Act on Employee Pension Schemes, which will form the obligatory means of securing a pension for working people, including employees and contractors, enabling them to accumulate additional resources for their retirement. Under the new act, all entities employing individuals entitled to participate will be legally obliged to conclude an …

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