On the basis of art. 17 of the Polish Act on Upbringing in Sobriety and Counteracting Alcoholism, if there is a suspicion that an employee came to work in a state of intoxication, the employer or the employee himself/ herself may request a sobriety test to be carried out by an authorised body (e.g. the Police). In opposition to this practice, the Polish Supreme Court’s sentence might be considered as revolutionary in its matter, as it remains in conflict with the current employers’ practices in this field
On March 1st 2018 an act of January 10th 2018 on limitation of trading on Sundays, holidays and some other days came into force. The act forbids assigning work to the employees or other workers (e.g. working on the basis of a contract of mandate) within the field of trade or other activities related to trade on Sundays and appointed holidays. From January 1st 2019 trading on Sundays is only allowed on the last Sunday of each calendar month
On January 1st 2019 amendments to the Polish Labour Code are coming into force. The changes have been enthusiastically received by HR personnel. It was commented that the changes would improve managing of personal files, and that the amendments reflect the current realities and circumstances in the field of HR.
The President of the Republic of Poland has appealed against a novelization abolishing the limit of 30-times the average monthly salary for annual basis for assessing National Insurance Agency (ZUS) contributions in a given calendar year. The reason behind the appeal was the unusually quick way of proceeding the act, which resulted in some irregularities, especially on the field of public consultation.
The Polish Constitutional Tribunal ruled that the act complies with art. 2 of the Constitution of the Republic of Poland (The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice), and does not comply with art. 7 of the Constitution of the Republic of Poland (The organs of public authority shall function on the basis of, and within the limits of, the law).
In the case decided by the Polish Supreme Court the parties of an employment relationship concluded an agreement on termination of the employment contract. The parties decided that the employee would not be required to report for duty in the period between the conclusion of the agreement and the actual termination. The Court held that for the time when an employee is not required to report for duty, between conclusion of an agreement on termination of an employment contract and the actual termination, the employee shall be entitled to remuneration resulting from his or her personal remuneration grade setting out an hourly or monthly rate, and if this component of remuneration was not established when setting the remuneration conditions – 60 per cent of the employee’s remuneration
On 27th June 2018 the Act of 12th April 2018 on the Rules of Obtaining Information about the Criminal Records of People Applying for Employment and Persons Employed in the Finance Entities (Journal of Laws 2018 position 1130) came into force. The Act regulates the terms and conditions of obtaining criminal record checks for the candidates and persons employed in financial sector
Rules of monitoring at workplaces were introduced into the Polish Labour Code and came into force on 25th May 2018, as a result of EU General Data Protection Regulation. The new provisions concern the matters of video monitoring and e-mail monitoring.
The Supreme Court confirmed that the amount of compensation for un-justified termination of contract should not be higher than mentioned in article 471 of the Polish Labour Code. It means that the maximum compensation which might be awarded is up to 3 months of remuneration but in no case lower than the amount of payment in lieu of notice.
Obligatory occupational pension schemes are planned from 1st of January 2019 for the biggest companies (more than 250 employees). All Employers shall be obliged to introduce occupational pension schemes from mid-2020.