Author: Redaktor

One of the key elements in the implementation of the pay disclosure structure is to answer the question of whether all civil law contracts in an organisation are in accordance with their actual nature. In the context of the forthcoming pay disclosure directive, it is important for employers to verify that mandate contracts should not in fact be employment contracts.

Breaks are an essential part of the organisation of working time, and their proper management is crucial for both employee comfort and compliance with labour law. Polish labour law sets out in detail both the minimum size of breaks and the rules for introducing them. Knowledge of the key provisions of the Labour Code, additional regulations stemming from the ordinance or Supreme Court case law can help you avoid legal violations and ensure optimal working conditions in your organisation.

Employers who organize apprenticeship training for minors must meet certain obligations under the law. One of the new requirements is the introduction of standards for the protection of minors, which aim to ensure safe conditions for minors in the workplace. The so-called polish Law on Protection of Minors of May 13, 2016 (law on prevention of sexual crime threats and protection of minors), which has been in effect in its amended version since February of this year, sets out the rules that businesses must implement in this regard.

Scheduled employee absences allow the employer to take appropriate measures to establish replacements and distribute tasks. Sometimes, however, employee absences appear suddenly and at the least expected moment, which can disrupt the regular workflow. What can an employer require in such a case? What consequences can he draw against employees? Answers to these questions and practical tips in this regard can be found below.

The ability to monitor a vehicle’s location is becoming a standard feature of newer car models. Modern systems not only ensure that the vehicle can be found efficiently in the event of theft, but also that vehicle parameters – such as fuel level or tyre pressure – can be monitored on an ongoing basis. Unsurprisingly, this issue is also of interest to many employers, who, in order to optimise costs, increase operational efficiency or ensure the safety of their employees on the move, decide to install modern position monitoring systems in company vehicles.

However, the control of company cars also poses certain legal challenges, especially in terms of protecting employee privacy. How, then, can vehicles be monitored in a way that complies with the law and, at the same time, does not violate employees’ rights?

The obligation to observe the principles of social coexistence, arising from Article 100 § 2(6) of the Polish Labour Code, is one of the fundamental duties of an employee to ensure harmony and mutual respect in the workplace.

Although the definition of ‘principles of social coexistence’ is not clearly defined in the labour law, its interpretation in Polish case law may be of key importance for the resolution of labour disputes and the shaping of organisational culture by employers.

The obligation to implement so-called “whistleblower protection” imposed on employers as a result of the new legislation – as reported by Jan Muszyński and Lukasz Blazejewski on an ongoing basis – is an excellent opportunity to integrate whistleblowing procedures with anti-mobbing and anti-discrimination policies.

Preventing wage discrimination is a challenge that, despite growing awareness, is still sometimes ignored by many employers.  At the same time, the jurisprudence of the Supreme Court regularly reminds us that wage differentiation without clear, objective criteria can be considered a manifestation of discrimination. One of the key rulings in this respect is the judgment of the Polish Supreme Court of 22 November 2012. (ref: I PK 100/12).