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employment

Obligation to rehire an employee terminated in a group layoff
Employers must deal with the consequences of group layoffs long after carrying them out. Their freedom to hire new workers in the future is limited, as they must first rehire staff terminated in the group layoff.
Obligation to rehire an employee terminated in a group layoff
Protecting against disclosure of trade secrets by former employees
Once the Unfair Competition Act is amended, will a nondisclosure obligation have to be provided for explicitly in an employment contract when an employee leaves?
Protecting against disclosure of trade secrets by former employees
Whistleblowing and protection of confidential information
Protection of confidential information is not absolute and is subject to limitations, for instance where there is a public interest. Subject to certain conditions, a person who has a nondisclosure obligation may lawfully use the entrusted information despite the confidentiality obligation. At the moment there is no all-embracing regulation on this issue, but this may change soon.
Whistleblowing and protection of confidential information
The requirement to hire workers under employment contracts in public procurement
Following the July 2016 amendment to the Public Procurement Law, contracting authorities must indicate which activities during performance of a public contract fall within the definition of an employment relationship under Labour Code Art. 22 §1. They must also require contractors to hire persons performing those activities on the basis of an employment contract and verify that the contractors are in compliance with this obligation.
The requirement to hire workers under employment contracts in public procurement
Is an unpaid ban on competition after termination of a service agreement binding?
There is no legal regulation guaranteeing even minimal compensation for refraining from competitive activity after working under a non-employment contract, but such a ban may be found to be contrary to public policy.
Is an unpaid ban on competition after termination of a service agreement binding?
The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer
To charge an employer with paying social insurance contributions on the income of its employees earned under non-employment contracts with a third party, it is not enough to determine that the effects of the work benefit the employer’s overall corporate group.
The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer
Reductions in employment in joint ventures by competitors
In today’s knowledge-based economy, consolidations of enterprises are common—sometimes even between competitors. Employment reductions are a natural part of any consolidation, but are a source of legal risks for merging competitors. Such risks are hard to eliminate, but does it have to end in stalemate?
Reductions in employment in joint ventures by competitors
Payroll documentation may be relevant many years later
Properly maintaining and storing payroll documentation may prove highly important even many years after an employee ceases working with the employer.
Payroll documentation may be relevant many years later
Can an employer require an employee to take a breathalyser test?
An employer cannot admit a drunk employee to work. But may the employer subject the employee to a breathalyser test? What other evidence can the employer use if the employee is fired and appeals to the labour court?
Can an employer require an employee to take a breathalyser test?
Legalisation of employment and stay of foreigners in Poland from 1 May 2014
Temporary stay up to 3 years, application for a stay permit up to the day before the visa expires, and a single permit for stay and work: These are just a few of the advantages introduced by the new Foreigners Act.
Legalisation of employment and stay of foreigners in Poland from 1 May 2014
Work schedules: A new obligation of employers
The recent amendment of the Polish Labour Code introduced a requirement for employers to prepare work schedules for all employees. The new rules raise new doubts surrounding organisation of working time without eliminating the existing doubts.
Work schedules: A new obligation of employers
Settlement of overtime pay may take up to a year
Under the amended provisions of the Polish Labour Code, in effect since 23 August 2013, employers are now permitted to apply approaches to determining employees’ working time that are more flexible than under the previous law.
Settlement of overtime pay may take up to a year