News
Confirmation of infringement of personal rights as a basis for termination of the employment contract through the fault of the employer?
The District Court in Lublin upheld the thesis of the District Court in Biała Podlaska and pointed out that violation of personal rights may constitute grounds for termination of the employment contract due to the fault of the employer. In its ruling, the District...
Non-competition after termination of employment.
The non-competition agreement is aimed at securing the employer's interests against possible, undesirable behavior of current employees and former employees. A non-competition agreement may be concluded for the duration of the employment relationship, as well as...
Exceptions to Discrimination
As you know, the Labor Code introduces a prohibition of discrimination. In the past, he distinguished between unequal treatment and discrimination, which was its qualified form. The general prohibition of discrimination results from Art. 113 of the Code. It was...
Can unauthorised absence from work be the basis for disciplinary dismissal?
Unexcused absence of an employee from work may constitute grounds for disciplinary dismissal pursuant to Art. 52 § 1 of the Labor Code, which states that the Employer may terminate the employment contract without notice due to the employee's fault in the event of a...
Limitation and strict deadlines labor law
The science of labor law distinguishes between limitation of claims and limitation, i.e. tight deadlines. The limitation period has been expressed in Art. 291 § LC According to the wording of that provision, the limitation period is three years and runs from the...
Violation of personal rights instead of mobbing
The Supreme Court stated that when "the results of the evidence proceedings do not entitle the court to conclude that mobbing has taken place", the court, if it finds that there has been a violation of personal rights, may award the employee compensation. This...
What changes will take place in the labor law in 2022?
Directive (EU) 2019/1158 of the European Parliament and of the Council on work-life balance for parents and carers implies changes to the Polish legal system by the legislator. One of the biggest changes will be the granting of an individual right to parental leave...
Restrictions on determining remuneration for work
Freedom in determining remuneration for work may not be used to extort social insurance benefits. In the judgment of the Court of Appeal in Lublin of June 30, 2021 (III AUa 312/21), we read that "Determining the amount of remuneration in an employment contract...
Employee discrimination based on gender and family status in the light of the Supreme Court judgment II PK 116/07
In the present case, the plaintiff accused her employer of discriminating against her, in which she paid her remuneration half the amount received by other employees and refused to participate in training attended by other employees. As the plaintiff's claims for...
Can an employee terminate an employment contract by e-mail?
As is well known, an employment contract is almost always concluded in writing. Pursuant to the provisions of the Labor Code, such a contract should be terminated or terminated in writing. The COVID-19 pandemic has shown, however, that this principle cannot always...