The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer
To charge an employer with paying social insurance contributions on the income of its employees earned under non-employment contracts with a third party, it is not enough to determine that the effects of the work benefit the employer’s overall corporate group.
Reductions in employment in joint ventures by competitors
In today’s knowledge-based economy, consolidations of enterprises are common—sometimes even between competitors. Employment reductions are a natural part of any consolidation, but are a source of legal risks for merging competitors. Such risks are hard to eliminate, but does it have to end in stalemate?
Payroll documentation may be relevant many years later
Properly maintaining and storing payroll documentation may prove highly important even many years after an employee ceases working with the employer.
Can an employer require an employee to take a breathalyser test?
An employer cannot admit a drunk employee to work. But may the employer subject the employee to a breathalyser test? What other evidence can the employer use if the employee is fired and appeals to the labour court?
Legalisation of employment and stay of foreigners in Poland from 1 May 2014
Temporary stay up to 3 years, application for a stay permit up to the day before the visa expires, and a single permit for stay and work: These are just a few of the advantages introduced by the new Foreigners Act.
Work schedules: A new obligation of employers
The recent amendment of the Polish Labour Code introduced a requirement for employers to prepare work schedules for all employees. The new rules raise new doubts surrounding organisation of working time without eliminating the existing doubts.
Settlement of overtime pay may take up to a year
Under the amended provisions of the Polish Labour Code, in effect since 23 August 2013, employers are now permitted to apply approaches to determining employees’ working time that are more flexible than under the previous law.
Changes in working time regulations: Flexible but problematic
An amendment to the Polish Labour Code effective 23 August 2013 changed the regulations concerning working time. The new rules, allowing highly flexible working arrangements, carry over solutions previously in effect under the Anti-Crisis Act.
Delegation of employees to work abroad
Current law does not provide any special regulations for an employer in Poland delegating an employee to perform work abroad, but delegation abroad may be carried out on the basis of the general regulations of employment law.
Changes to regulations concerning parenthood leave
Parental leave and swift entry into force of increased additional maternity leave – main amendments
Assigning different work to an employee without issuing an amending termination notice
The Labour Code enables an employer to assign work to an employee differing from the work described in the employment contract without formally amending the contract, but this does not mean boundless discretion to change the employee’s working conditions.
How far does a trade union's right to information extend?
An employer has a duty to share with a trade union only information that is necessary to conduct union activity. But this covers a wide range of information about the employer’s situation.
