The Supreme Court confirmed that it is possible for an employee and employer to include a shorter notice period, when the contract of employment is terminated by the employee. As a result, article 36 § 1 of the Labour Code is treated as a semi-imperative rule.
The Supreme Court ruled that if an employee did not appeal against the termination of contract of employment (or an appeal was filed after the deadline), an employee is still allowed to seek a claim for compensation based on discriminatory reasons of termination or a discriminatory choice of dismissal. This resolves a discrepancy between the Supreme Court’s rulings, pursuant to the Supreme Court resolution of 28 September 2016 (III PZP 3/16), adopted by 7 judges.
Amendments include increased limits of employees for working and wage regulations and longer period to file claims against employer.
compensation for discriminatory agreement termination is possible even if an employee does not appeal against the termination to the labour court.
As for now Supreme Court treated termination of contract of employment as justified if at least one of the causes was justified. Please note, the judgement does not concern situations when employer points to several minor issues to show one justified cause. The above concerns several causes when employer counts that at least one cause is justified. As a result it is worth to resign from causes employer is not sure it is justified.
The minimum salary level paid based on contract of employment is 2000 PLN monthly. This regulation enters into force on 1st of January 2017.
As per the new Remuneration of Executives of State Owned Entities Act, parliament limited the amount of remuneration of executives of all SOEs. Currently, remuneration was limited only for companies owned by the State by 50% or more. Now, the threshold of ownership is removed. Remuneration will be divided into basic salary and additional salary.
In case an employee was dismissed on disciplinary grounds and employer insignificantly missed the 1 month deadline to deliver a termination of contract, the court may dismiss an employee’s action in case recognition of claim would be unjust under specific conditions.
The Supreme Court recently ruled that an employee who made private phone calls with the employer’s phone is fully responsible for the damages. However, he may exonerate himself if he proves that the damages were incurred as a result of the fact that work devices were used for business, not personal purposes.
Per the Supreme Court, termination of an employment contract without a notice period is a special type of contract termination. As a result, each case requires an individual assessment to be performed to determine if the termination was justified. With both a special type and individual assessment, the fact that one employee was dismissed on disciplinary grounds and the other was not, does not mean the first employee was the subject of discrimination.