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.
Per the Supreme Court, a lack of the employee’s information regarding absence from work is a serious breach of the employee’s basic duties and a justified reason to dismiss the employee on disciplinary grounds. Absence must be excused in the second day of absence at the latest.
The President signed the Act implementing Directive 2014/67/EU of The European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’). Its effective date is the 18th of June. This Act regulates secondment of staff to work in Poland for providing services. The Labour Inspectorate shall be able to control employers if rights of employees delegated to Poland are violated and it determines the employment conditions of employees delegated to Poland and cooperation between Labour authorities within EU.
As per the updated penal procedure, fruit of the poisonous tree may now be used. This means that an illegally recorded conversation between employer, client, or member of the board of executives will be treated as valid evidence by a court. Illegally obtained evidence was prohibited before the amendment was implemented.
The European Commission recently considered Poland’s implementation of the principle of equal treatment for men and women as regards to access to employment, vocational training and promotion, and working conditions. The European Commission decided that only pregnant or women breastfeeding may not be employed to perform work that is particularly arduous or harmful to their health. Currently, this provision is applicable to all women. As a result, Parliament initiated a draft amendment to the Labour Code.