News
Burden of proof in a case concerning violation of the principle of equal treatment by sexual harassment of an employee
In art. 18.3a § 6 of the Labor Code, the legislator included a legal definition of sexual harassment, which constitutes discrimination on the grounds of sex. According to this provision, sexual harassment is any unwanted conduct of a sexual nature or relating to...
Replacing a B2B contract with a full-time job
In its decision of September 18, 2019 (file reference number I PK 142/18), the Supreme Court ruled that the labor court may replace a business to business contract with a full-time job. The case concerned a woman who concluded a contract with a company managing a...
Disorder of health as a condition for a worker to claim compensation
According 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 as compensation for the harm suffered. This provision creates a property mechanism for legal protection of the...
Reprehensible behavior of an employee and the prohibition of competition
Labor law provisions distinguish two types of the so-called non-competition. The first is the prohibition of any competitive activity during the employment relationship. Such a contract may be concluded by the employer with any employee. The second non-competition...
Criticism of an employee – is this already mobbing?
The 3rd Labor and Social Insurance Division of the Court of Appeal in Warsaw in its judgment of October 24, 2019 (reference number III APa 10/18) stated that even unfair but incidental criticism of an employee cannot be classified as mobbing. The very feeling of an...
Overlapping Worker Compensation Claims
If the employer terminates the contract illegally, the employee is entitled to compensation. Art. 60 of the Labor Code provides for compensation for unlawful termination of an employment contract during the notice period. This provision states that if the employer...
Exemption from the obligation to work
The issue considered by the Supreme Court in the judgment of 5 September 2019 with reference number III PK 96/18 concerns whether the employer has the right to unilaterally withdraw the dismissal without the consent of the employee. In the case, the employer...
Employer’s liability for violation of the employee’s personal rights
An employee who has a health disorder caused by working conditions has the right to financial compensation, regardless of whether the tort fulfills the conditions for mobbing, harassment or other violation of personal rights. Based on the provision of art. 416 of...
Compensation to the employer for the termination of an employment contract by the employee without notice
In the case in which the Supreme Court ruled on 18 March 2015, the respondent employee filed a letter terminating the employment contract without notice indicating as the reason for termination of employment the non-payment of remuneration for a month and delays in...
Forcing to terminate the employment contract by agreement of the parties
Pursuant to the provisions of the Labor Code, the employment contract may be terminated by mutual agreement of the parties. This is associated with certain effects, including the case where the employer does not have to provide a justification for terminating the...