TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

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Regulatory bonus vs. award: a guide for employers

In casual language nomenclature, the terms “reward”, “regulatory bonus” and “award” are often used interchangeably, which in practice can lead to confusion regarding employee settlements, the obligations binding on the employer or the consequences that an employee may draw from their provision. It is worth noting that these are different categories of benefits, with different legal and tax implications. Understanding these differences is key for employers who want to effectively motivate their employees and avoid potential legal issues.

Training leave: an investment towards employee development?

Upgrading professional qualifications is the process of gaining or updating knowledge and skills by an employee, either at the employer’s initiative or with the employer’s consent. Specific benefits are provided for employees improving their qualifications in the Polish Labour Code, the most important of which seems to be training leave. For the employer, it is not only an obligation provided for in the Polish Labour Code, but also an opportunity to invest in the development of staff and improve the qualifications of their team.

Does an employer have the right to demand the return of a company car during an employee’s sick leave?

If an employee fails to return, can the employer terminate his employment contract without notice? What are the rules regarding the execution of the employer’s instructions in the case of an excused absence of the employee?

In light of the Polish Supreme Court’s February 24, 2022 order II PSK 309/21, the above issues seem to have finally been unequivocally resolved. Let’s take a look at legal and labor issues that, according to the Polish Supreme Court, may have a significant impact on relations between employers and employees.

CCTV (visual monitoring) in the workplace: safe supervision or huge challenge?

Within a dynamic business reality, in an era of digitalisation and rapid technological advances, employers are increasingly turning to various tools to increase efficiency and ensure safety in the workplace. One of these measures is CCTV (Closed-Circuit TeleVision, also known as a monitoring), which can technically include both image (vision monitoring) and audio recording. While these technologies can bring many benefits to the workplace, it is important that employers are aware of the legal requirements associated with their use.

A new year, a new government and a new whistleblowers bill

The history of draft legislation on whistleblowers is already so long that it is difficult to indicate how many versions have already been presented. Under the terms of the EU Whistleblowers Directive, Poland was obliged to implement it into law in 2021. Unfortunately, despite many attempts and ideas, this has not been achieved to date. A few days ago, a new draft appeared, so this post briefly analyses where we are.

January under the sign of the company social benefits fund

January is an important month for employers in terms of implementing the company social benefits fund in the organization. Employers employing at least 50 employees in full-time equivalents as of January 1 of the given year are generally obliged to establish the fund.

Moreover, January 31 is the latest deadline for informing employees about the non-establishment of the fund and non-payment of leave benefits for employers employing fewer than 50 employees in full-time equivalents. This applies to those who are not covered by a collective bargaining agreement and are not obliged to introduce a remuneration regulation in the organization.

Staffing – what is it and what consequences can it bring?

Recently, we have been very keen on #TaxAndLawTelegram to cover topics related to the 2023 amendments in labour law. We also expand the news and present aspects of the phenomena of discrimination and mobbing in the workplace, as these phenomena adversely affect the atmosphere among employees and can contribute to increased inefficiency at work, which can cause unjustified losses to the employer. We will devote today’s post to discussing the phenomenon of staffing and what consequences it can have for employees and employers.

Directive on the obligation to report ESG – who will face new obligations?

On December 16, 2022, Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No. 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU with regard to corporate sustainability reporting (Text with EEA relevance) was published in the Official Journal of the European Union. This introduces a number of further obligations covering individual businesses.

Medical opinions under scrutiny: what employers should keep in mind

An employer cannot allow an employee to work without a current medical certificate stating the absence of contraindications to work in a specific position. Therefore, a medical opinion is one of the crucial documents that the employer should possess before allowing an employee to work.

However, there are situations that require employers to exercise special caution in this regard, such as the need to appeal a medical opinion or the necessity for additional (extraordinary) referral of an employee for preventive examinations.

Additionally, we would like to remind you that the deadline for completing overdue medical examinations is approaching, the validity of which has been extended based on the so-called COVID regulations.

Employee in the Territorial Defense Forces – what must an employer keep in mind?

Recently, we have been receiving an increased number of questions about aspects related to the calling of an employee to territorial military service in the Territorial Defense Forces (WOT). Calling up to the WOT triggers a number of obligations on the part of the employer and entitlements on the part of the employee, which must be kept in mind, and above all – to be performed within the statutory deadlines. In today’s blog post, we will outline what employers whose employees have volunteered to serve in the WOT must keep in mind.

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berlin@vonzanthier.com
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