Consultation concerning intended redundancies and personal date protection
When an employer consults with a trade union concerning the intention to lay off workers, it is easy to run afoul of data protection regulations.
Changes in employment law in 2013
The most important changes this year are an increase in the minimum wage and elimination of certain notifications to the National Labour Inspectorate and the National Sanitary Inspectorate.
What is the involvement of employees in cross-border mergers?
In a cross-border merger, the employees must have an opportunity to participate in the merger procedure and in the governance of the new company—typically by having an influence on the composition of the supervisory board.
Agnieszka Lisiecka: Employees should be more aware of work safety
An interview with Agnieszka Lisiecka, a partner at Wardyński & Partners and head of the Employment Law Practice, about the potential consequences of a work-related accident for the employer
Employment relationship in Poland under foreign law - is choice of law useful?
Wybór prawa obcego do umów o pracę wykonywanych w Polsce nie wyłącza stosowania do nich większości przepisów prawa polskiego.
Pre-employment screening - what an employer can do and must not do?
There are legal restrictions on obtaining information from job candidates.
Illegally hired foreigner does not have to be deported
The province governor cannot issue a decision to deport a foreigner who was illegally hired if the hiring is legalised during the course of the deportation proceeding by obtaining the required permits and complying with the applicable procedures.
Personnel files: in Polish, in writing, and for 50 years
The Labour Code and other regulations require employers to maintain personnel files and other employment documentation, governing such specific issues as the language and longevity of the documentation.
Salary cut for protected employees
An employer may reduce the salary of an employee who works reduced hours instead of taking childrearing leave, the Polish Supreme Court ruled in the judgment dated 12 May 2011 (Case No. II PK 6/11).
Long-term employment of Russian, Ukrainian and Belarusian citizens in Poland
Solutions gradually being introduced to enable hiring in Poland of citizens of the Russian Federation, Ukraine and Belarus, as well as Georgia and Moldova, are helpful mainly for short-term employment.
Ombudsman comes to the defence of freelancers
In execution proceedings, debtors who receive pay for their work on the basis of a contract to perform a specific assignment or create a specific work are treated worse than debtors who are paid a salary on the basis of an employment contract.
Non-discrimination also applies to management board members
A member of a company management board may be regarded as an employee within the meaning of Council Directive 92/85 EEC of 19 October 1992. Removal of a pregnant woman from the management board may thus be successfully challenged as discriminatory.
