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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Challenges faced by “subsidiaries” of foreign companies in implementing whistleblower protection in capital groups

Implementing a whistleblower protection system in Poland, especially in the context of “daughter” companies of foreign corporations, is a challenging process. The Polish law on the protection of whistleblowers, imposes a number of specific obligations that can be difficult to implement within international capital groups. For “daughter” companies, a particular challenge is balancing local requirements with the expectations of foreign owners. When conducting implementations, we often encounter a case in which a Polish company is already the last one in an international group where whistleblower protection must be implemented. In such a situation, it seems rational to adapt solutions already implemented in Germany, Austria, the Netherlands or other countries and adjust them to Polish realities. However, direct transfer of foreign solutions “1:1” is rarely effective. In the same way, it may turn out to be a bad idea to “invent gunpowder anew” and create internal solutions only for the needs of a Polish company. So how to find” the golden mean”?

Improving employees’ professional qualifications: effective methods for professional development without discrimination

Improving the professional qualifications of employees seems to be crucial to maintain the competitiveness of a company. On the other hand, employers are obliged to facilitate the acquisition of new skills and knowledge by employees, which is clearly stipulated in Article 17 of the Polish Labour Code Act of 26 June 1974 (i.e. Journal of Laws of 2023, item 1465; hereinafter: ,,Labour Code”). When deciding to support an employee in the development of his or her competences, it should be borne in mind that this should be done in a thoughtful and fair manner, taking into account the principles of anti-discrimination.

Recruitment without discrimination: CJEU and the new pay transparency directive

In recent years, protection against discrimination in the recruitment process has become one of the key topics in employment law. An important step in this area was the ruling of the Court of Justice of the European Union (CJEU) on 19 April 2012 in the case C-415/10, Galina Meister vs. Speech Design Carrier Systems GmbH. This ruling set new standards in the fight against gender and age discrimination, with important implications for employers and candidates in the labour market. However, the upcoming Directive (EU) 2023/970 of the European Parliament and of the Council of 10.05.2023 on reinforcing the application of the principle of equal pay for men and women for equal work or work of equal value through pay transparency and enforcement mechanisms (hereinafter the pay transparency directive), introduces new regulations that aim to increase access to information and promote equality.

Carer’s leave and leave of absence for reasons of force majeure:Practical aspects one year after the introduction of the work-life balance directive

In April 2024, a year passed since the supplementation of the work-life balance directive to the Polish Labour Code Act of 26 June 1974 (i.e. Journal of Laws of 2023, item 1465; hereinafter: ,,Labour Code”). One of the key elements of the changes to the labour legislation was the introduction of carer’s leave and force majeure leave. It is therefore worth summarising how these regulations function in practice and what are the most common doubts of employers related to their application.

New OSH rules one year after remote work was introduced into the polish Labor Code

After more than 20 years, we lived to see changes in the minimum requirements for occupational safety and health and ergonomics of workstations equipped with screen monitors. We are talking about the pol. Decree of the Minister of Labor and Social Policy of December 1, 1998 on occupational safety and health at workplaces equipped with screen monitors, as amended by the pol. Decree of the Minister of Labor and Social Policy of October 18, 2023 (hereinafter: the decree).

Dress code in the workplace – caring for the image of the organisation or a violation of employees’ personal rights?

Dress code is a subject that can cause much controversy and doubt among both employers and employees. The desire to maintain professionalism and an appropriate corporate image certainly requires an understanding of the legal framework and doctrinally accepted principles regarding dress code in the workplace.

Calculating leave according to work experience and changes to overtime calculation after CJEU ruling

The right to rest is one of the fundamental rights of Employees. The calculation of the days off due to an Employee and the proper calculation of overtime worked by an Employee can sometimes cause difficulties in situations that differ from the standard – i.e. in the case of young Employees and Employees who work part-time.

+49 30 88 03 59 0
berlin@vonzanthier.com
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