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.
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.
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.
Based on the Supreme Administrative Court’s decision (II FSK 416/14), food provided by an employer for an employee during a business trip is exempt from personal income tax (PIT) up to a travel allowance limit of 30 PLN per day. In case the value of meals provided exceeds the value of the travel allowance, a surplus value will be taxed.
Based on new provisions of the “State Assistance in Upbringing” Act introduced on January 1st 2016, regarding “The Family 500+” – child benefit programme, in case the income per person in the family is lower than indicated in the mentioned Act, parents are entitled for 500 PLN monthly for the first child (assistance for additional […]
i) As a result of Constitutional Tribunal judgment (dated June 2nd 2015) regarding persons entitled to be members of trade unions, form of employment will not be treated as criterion for establishment or right to join the trade union. As for now, persons employed based on contract for specific work, contracts of mandate, services, or […]
An employee is not entitled to claim reinstatement under the previous terms and conditions or to compensation solely based on incorrect notification on the termination of a contract of employment, with or without notice. The purpose of this information is to give the employee the possibility of appeal. As a result, failure to include this […]
Employment Law Across 27 Jurisdictions 2016, an L&E Global and Clyde & Co joint publication, provides a brief outline of the employment law regime across 27 key jurisdictions throughout the globe.
For employers with operations in multiple jurisdictions, litigation over disputes related to employment matters is a very real and increasingly significant concern, which applies to every sector of industry, in every region of the world. This comprehensive publication includes contributions from 28 key jurisdictions across 5 continents and will be a valuable resource for all […]