News
Draft amendment to the definition of mobbing
On July 2, 2020, an MP's draft amendment to the Labor Code was submitted to the Sejm. The draft provides for recognizing the differentiation of the amount of remuneration according to the employee's sex as one of the manifestations of mobbing. In the current legal...
Staff training
Chapter VIII, Section X of the Labor Code, regulates the rules of conducting employee training. Due to their function of improving the qualifications of employees, they play an important role in the development of the workplace, which is desirable both for the...
Judgment of the District Court for Warsaw Praga-Południe in Warsaw VI P 898/13
On December 17, 2019, the District Court for Warsaw Praga-Południe in Warsaw, 6th Labor and Social Insurance Division, heard a case for compensation and damages in connection with mobbing, ref. No. VI P 898/13. In this case, the plaintiff was called by other...
The obligation to indicate the criteria for selecting an employee for dismissal
The Supreme Court in its judgment of 2 June 2017 (file no. III PK 114/16) indicated that in the statement on the termination of an employment contract concluded for an indefinite period due to the liquidation of one of the analogous positions, the employer should...
Equivalence for annual leave for an employee dismissed from discipline
According to Art. 52 § 1 of the Labor Code, the employer may terminate the contract without notice due to the employee's fault. The reasons for dismissing an employee in this way are: an employee committing a crime during the term of the employment contract which...
Mediation in mobbing cases
A court ruling is not the only solution for resolving mobbing disputes between an employer and employee. The employer and the employee may strive for an amicable settlement of the dispute, inter alia, by participating in mediation. Mediation is a voluntary method...
Internal anti-mobbing procedures in large companies
Counteracting mobbing is defined in article 943 of the Labor Code as a duty of every employer. It should be noted that the employer is responsible for mobbing on the basis of risk and not fault. This means that in the event of a court dispute, he must show what...
Cutting jobs in the reform of public administration offices and institutions
KOWR replaced the combined Agricultural Property Agency and the Agricultural Market Agency as of September 1, 2017. In connection with the reorganization, the minister responsible for rural development appointed the Plenipotentiary for the establishment of the...
What is the relationship between close relationships with superiors and mobbing?
The Supreme Court in the judgment of 23 January 2018 (reference number III PK 13/17) stated that the existence of close relations in the workplace between superiors and some employees negatively affects the objectivity of assessing the quality of work of individual...
Fake employment contract and reimbursement of unduly received benefits
The Supreme Court dealt with the extortion of over 39 thousand from ZUS PLN for an allowance paid on the basis of an apparent employment contract. The payer and the insured entered into an employment contract with no actual intention of establishing an employment...