An employer may not dismiss an employee who, while watching over the quality of execution of a project to a foreign contractor, showed above-average activity in relation to the customer. So ruled the Supreme Court in its judgment of 4 November 2015 (Supreme Court I PK 318/14).
Starting from January 2016 Polish labour law will change its parental leave system. An additional maternity leave will no longer exist, but parental leave will be longer. Another amendment is that maternity and parental leave can be divided between employees and non-employees with insurance.
Social packages may be specific sources of labor law or have a contractual nature. Whether it is a source of labor law, depends on whether the agreement is based on the law and defines the rights and obligations of the parties of the employment relationship. This assessment can only be given by the court. If, […]
An employee who, for fear of the results of a cancer examination, drinks a glass of wine and after that comes to work, must consider the negative consequences of this conduct (Supreme Court I PK 247/14). External factors shall exempt an employer from liability for occupational disease. An employer may defend himself against this allegation […]
Supreme Court: The basis for an employment termination without notice, with a person working as an office intern, falls under the Labour Code provisions (article 52 § 1) [II PK 315/12]. Supreme Court: The labour court is seized of the demands of an employee concerning the wrongful termination of an employment contract for employees with […]
A new law will enter into force effective 2 January 2016, in which additional maternity leave will be absorbed by the parental leave. In essence, an additional maternity leave will no longer exist as an independent title, but the parental leave will be correspondingly longer.
Remuneration for an employee who was out of work shall correspond to the remuneration for an employee who performs work under an employment relationship. This remuneration is a form of compensation for an employee. (Supreme Court II PK 151/14)
On 25 June, the Sejm (lower house of the Polish parliament) passed the law of amendment regarding the Labour Code. If the President signs this act the following amendments will apply: i) the duration period of the contract of employment for a fixed term could be no longer than 33 months, and the total number […]
In Supreme Court III PK 109/14, the court found that the reason for the termination of the employment contract is not a major point of consideration. Therefore, the employer shall not breach the relevant regulations if it fails to indicate the basis for termination, if the employee is aware of the fact that the employer […]
The Constitutional Tribunal K 1/13 2nd June 2015: a right to establish and join a trade union must be a right for everyone including those who perform work on a basis other than a contract of employment (civil law contact) as well as the self-employed.