For the first time, the Supreme Court explicitly decided that compensation for bullying has a different purpose than civil law compensations. It also has both preventive and educational functions.
The Supreme Court decided that in situations when an employee is sick and he/she obtained a sick note from the respective doctor, this note however was not delivered to an employer and work was performed by the sick employee, it is a violation against the employing establishment and not against an employer itself and it may be a reason for termination of contract of employment without notice period.
As of June 1st 2017, new limitations have been imposed as a result of amendment of Temporary Work Act (Journal of laws [Dz.U.] from 2017 position 962).
The Employer may immediately terminate, within a month from confirming gross misconduct, not just from receivieng information on such misconduct.
L&E Global’s 2017 Global Handbook | Employees vs Independent Contractors
The principle of non-discrimination and principle of equal treatment are not the same principles. Despite the fact they are closely related, consequences of both rules violation are different.
Ministry of Family, Labour and Social Policy seeks new regulation adjusting Polish law to EU law, as the current regulation concerns all women, not only those who are pregnant or are nursing mothers.
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.