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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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.

Termination of an employment contract without notice by an employee

Terminating an employment contract without observing the notice period is an option available not only to employers but also to employees. This immediate termination of the employment relationship can be used, for example, in cases where the employer commits a serious breach of fundamental obligations towards the employee. It’s important to note that in such situations, the employee is entitled to compensation.

Periodic employee evaluations in the context of the draft whistleblower bill

The saga under the title of ‘whistleblowers’ in Poland continues. Work is currently underway on yet another draft of the whistleblowers act. The history of attempts to implement the Act on whistleblowers into the Polish legal system dates back to 2021, by which time the deadline for implementing the provisions of the EU Directive had passed, and we are currently one of the last EU member states without implemented legislation in this area. In the context of today’s post on periodic employee evaluations, the provisions regulating criminal liability for retaliation against a whistleblower, which appeared in the draft law, will be relevant for us.

Work Regulations with an Anti-Mobbing-Policy – Key to Securing the Workplace

Work Regulations are a key document that establishes the organisation and order of the work process and the related rules applicable to the employer and Employees. According to the Polish Labour Code, the mandatory obligation to introduce Work Regulations depends on the number of Employees. An employer with at least 50 Employees is obliged to introduce Work Regulations, but we strongly encourage you to use this solution in smaller workplaces as well, even though it is not required by law.

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.

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