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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 be...
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 for...
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 compensation...
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...