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.
Uniform principles for the remuneration of contractors
A new act implementing certain European Union provisions on equal treatment is awaiting signature by the President and will probably come into force as of the New Year.
The gift of the Magi
An act amending the Labour Code and other laws comes into force from 1 January 2011, establishing a new public holiday on Epiphany (January 6).
Severe sanctions for illegal hiring of foreigners
Magdalena Świtajska from the Employment Law practice group at Wardyński & Partners explains the sanctions faced by employers for illegally hiring foreigners and by foreigners working illegally in Poland.
Agnieszka Lisiecka: Staff must know the rules in force within the company
Interview with Agnieszka Lisiecka, partner at Wardyński & Partners, head of the Employment Law practice group
VAT effects of issuing vouchers to employees
Pracodawcy odchodzą od wynagradzania lub premiowania pracowników za pomocą bonów towarowych ze względu na niekorzystne zmiany w przepisach o podatku dochodowym od osób fizycznych. Teraz wydawanie bonów może rodzić dodatkowe ryzyko w podatku VAT.
