In the judgment of February 22, 2023 (I PSKP 8/22) of the Supreme Court, it found that recognizing specific behavior as mobbing does not require either a finding on the part of the persecutor of action aimed at achieving a goal (intention) or the occurrence of an...
When assessing behaviors considered mobbing, it is necessary to use the ideal model of "reasonable victim", which is to eliminate from the scope of the term cases resulting from the employee's hypersensitivity. Examining and evaluating the subjective feelings of a...
The Labor Code (consolidated text: Journal of Laws of 2022, item 1510, as amended) directly indicates several restrictions to which non-competition agreements between an employee and an employer are subject. The main limitation in the case of contracts concluded...
Mobbing is regulated in Art. 94[3] of the Labor Code (consolidated text: Journal of Laws of 2022, item 1510, 1700, 2140, of 2023, item 240), where the legislator placed e.g. its legal definition. Mobbing means actions or behaviors related to an employee or directed...
According to Art. 183d of the Labor Code, a person against whom the employer violated the principle of equal treatment in employment has the right to compensation in the amount not lower than the minimum remuneration for work. In the judgment I PSKP 21/21, the...
In the judgment of May 7, 2019, file ref. II PK 31/18, the Supreme Court undertook to assess whether employing persons with a specific citizenship on different terms than persons without this citizenship constitutes a discriminatory practice. The judgment was...
The Court of Appeal in Warsaw, in its judgment of November 17, 2022 (III APa 58/19), attempted to define mobbing. According to the Court, mobbing is characterized by continuous impact on the employee, persistence and long-term harassment or intimidation of the...
The Labor Code Act of June 26, 1974 indicates the prohibition of discrimination and equal treatment in employment as one of its flagship principles. Article 113 of the Code presents an open catalog of discrimination criteria, which include, in particular, gender,...
One of the provisions of the preliminary provisions of the Labor Code is Art. 8, which is equivalent to Art. 5 k.c. It contains two equivalent and separate, though interrelated, general clauses - the socio-economic purpose of law and the principles of social...
(Judgment of the Court of Justice of 20 June 2019, C-404/18) Relatively recently, in 2019, the Court of Justice of the European Union (hereinafter: the CJEU) received a preliminary ruling from the Belgian national court regarding the interpretation of the provision...