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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Staffing, when mobbing is not as obvious as we think it is

Although we talk a lot about mobbing, often our attention is focused only on vertical mobbing, that is, that which is exerted by an employer or supervisor on an employee. Intuitively, we associate the concept of mobbing with just such a situation, forgetting that pathological behavior can also be directed in other directions – from an employee to an employer or supervisor and from an employee to another employee. In the former situation, we then speak of so-called staffing. Spreading rumors among employees about the supervisor, undermining his competence in front of co-workers or unfounded criticism of the supervisor’s behavior or instructions are just some examples of mobbing actions taken to harass or intimidate the supervisor.

Hearing Commission on mobbing and discrimination in the employer’s workplace

On our blog, we have recently discussed the topic of changes in the labour law in 2023, and also leaned into the very important subject of discrimination and mobbing in the workplace, touching on its aspects from the perspective of both sides of the employment relationship. We will devote today’s post to outlining the possibilities of the so-called Hearing Commission on mobbing and discrimination (hereinafter referred to as the “Commission”) as a body within the employer’s structure.

Employers’ challenges in 2023

The middle of the year is behind us, and discussions about this year’s labor law changes have not quieted down. Not surprising, given the number of changes made in one year. Employers are often the ones who ask us what to look out for, which changes are the most important, and which can be ignored. I feel that while it is difficult to summarize the entire six months in one article – it is possible to isolate the key areas and the concerns that constantly arise. So let’s try to isolate those key areas that employers must face in 2023.

Mobbing in legal proceedings

Successively discussed on our blog, the topics related to labour law concern many of its aspects, such as the amendment related to the introduction of remote working, the implementation of the work-life balance directive or discrimination at work. The following article is devoted to a detailed analysis of court cases on mobbing – based on the record of cases from 2011 to 2021, published by the Ministry of Justice.

132 years to achieve gender equality

Soon, on September 18, 2023, we will once again celebrate International Equal Pay Day. The holiday was established in 2020 by the United Nations with the aim of drawing public attention to the unequal pay system between men and women for their work. There is a reason why legislators of various countries, rulers and organizations at the national and international level are trying to publicize the existing disparities and the need for change in this regard.

Changes to the labour certificate

We have repeatedly covered in the pages of our blog various issues related to the amendment of labour regulations in 2023. The introduction of regulations on employee sobriety checks or remote work to the Labour Code, as well as the implementation of the work-life balance directive to the Polish legal order, have also contributed to the fact that some executive acts issued on the basis of the Labour Code have been amended. One of them is the Decree of the Minister of Family, Labour and Social Policy of December 30, 2016 on the labour certificate, which, as a result of the amendment, introduced new requirements for labour certificates issued to employees from May 23, 2023, which we discuss in this post.

Would the new regulations contribute to the exercise of parental rights by employee-parents?

The amendment to the labour law, which we have discussed extensively on the blog, including the introduction of the possibility of sobriety checks, remote working and the implementation of the work-life balance directive, is presented primarily in a positive light for employees, who gain a number of new rights. At first glance, this seems to be beneficial for them – the legislator (both European and Polish) strengthens their position as a subject of the employment relationship and supports the realisation of their entitlements. Does this mean that employee-fathers will start to make greater use of parental leave? Or are they at risk of discriminatory behaviour for this reason?

Employment contract after the amendment with the work-life balance directive

It’s been more than 2 weeks since one of the biggest amendments to the labor law came into force related to the implementation of the so-called work-life balance directive, i.e. the Directive of the European Parliament and of the Council (EU) of June 20, 2019 on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU, which has been the subject of many of our previous blog posts. This time we will take a look at the changes covering issues relating to the employment contract between employer and employee.

The work-life balance directive – a real opportunity for change?

As of April 26, 2023, the work-life balance directive, which aims to increase employees’ work-life balance, is in effect. Although the amendment to the Labor Code, bringing the regulations in line with the EU directive, contains a number of positive changes for parents, it also involves some potential negative consequences that need to be noted.

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berlin@vonzanthier.com
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