News
Employer interference with vaccination of employees against COVID-19
Currently, Polish law does not provide for any possibility for the employer to inquire into the issue of vaccination of employees against COVID-19. Vaccination as medical information is protected under the provisions of Regulation (EU) 2016/679 of the European...
Equal pay for women and men
On June 11, 2021, the Council of the European Union held further discussions on the procedure of the draft Directive of the European Parliament and of the Council on strengthening the application of the principle of equal pay for women and men for the same work or...
DEFINITION OF DISCRIMINATION
Pursuant to Art. 113 of the Labor Code, any discrimination in employment, direct or indirect, in particular due to sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religion, sexual orientation, employment...
TELEPENDING AND REMOTE WORK
The issues of telework and remote work are regulated in different legal acts. The definition of teleworking is included in the labor code. Pursuant to Art. 675 § 1 of this code: "work may be performed regularly outside the workplace, using electronic means of...
MOBBER’S CIVIL LIABILITY
Persons who have fallen victim to mobbing may bring the mobber to civil law liability. Pursuant to Art. 943 § 3 of the Labor Code: "An employee whose mobbing has caused a health disorder may claim an appropriate sum from the employer by way of pecuniary...
Dismissal for reasons beyond the control of the employee
Due to certain circumstances, the employer may terminate the employment relationship with employees for reasons beyond their control. The provisions of the Act of May 22, 2003 on special rules for terminating employment relationships with employees for reasons not...
The difference between discrimination in employment and breach of the principle of equal treatment of employees
The Labor Code provides for two principles regarding the prohibition of unequal and unfair treatment of employees. One of them is the prohibition of discrimination in employment. This principle states that any discrimination in employment, direct or indirect, is...
Employment contract and civil law contracts
The employment relationship is characterized by certain features that distinguish it from civil law contracts (e.g. mandate contracts). As defined in Art. 22 § 1 of the Labor Code, the employee is obliged to perform work, and the employer is obliged to hire the...
Demonstration of unequal treatment in employment
The principle of non-discrimination in employment was introduced into the Polish legal system under European requirements by adding Art. 183a. This provision stipulates that employees should be treated equally as regards entering into and terminating employment,...
Remuneration regulations and work regulations
In addition to statutes, i.e. primarily the Labor Code, regulations and statutes are also sources of labor law. The following should be mentioned among the statutory sources of labor law: work regulations, payroll regulations, bonus and reward regulations, rules of...