News
Does the employer have the right to dismiss an employee based on a sobriety test?
In case I PK 194/17 of 4 December 2018, the applicant was dismissed from work under disciplinary procedure without notice in connection with a sobriety test carried out at the company, which showed him 2.8 per mil of alcohol in his blood. The applicant contested...
How can you prove in court that a mobbing situation really happened?
Harassment is hostile and unethical behavior that is targeted systematically by one or more people, mainly against one person. This person becomes helpless and defenseless, remaining in this position through continuous mobbing activities. The mobber's behavior must...
Tips
Tips are accepted benefits in practice. Can they be qualified as part of the employee's pay? This issue was raised by the Supreme Court in its judgment of August 6, 2019 (II PK 122/18). Claimant A. S. was employed by the defendant as a dealer. The employment...
Amount of compensation for health disorder caused by mobbing
The Labor Code unequivocally states that an employee's health disorder caused by mobbing is the basis for claiming an appropriate amount from the employer as monetary compensation for the harm suffered. But how do you know how much this amount can be and what it...
Who can create and join trade unions?
On January 1, 2019, the amendment to the Act on Trade Unions entered into force, which significantly expanded the group of entities authorized to create and join trade unions. Until now, they were only employees, i.e. persons employed under an employment contract,...
An accident at work or on the way to work
The Supreme Court ruled that if an employee is employed during task-time work, when commuting to work during a telephone conversation with a subordinate employee, he obliged her to prepare documents that he intended to use immediately upon arrival at the employer's...
Employer’s responsibility for mobbing at an integration trip
The provisions of the labor law clearly show that in certain cases the employer may be responsible for mobbing at the workplace, also in a situation where he did not directly participate in it. But what if such a situation occurred during an integration trip? The...
Anti-bullying characteristics
As it results from the provisions of the Labor Code, it is the employer's duty to prevent mobbing. This does not mean that he is always responsible when mobbing in the workplace takes place (it is worth noting that this does not apply to the responsibility of the...
Employment of a partner and board member on the basis of an employment contract.
In recent weeks, the number of employment contracts (and related social security rights) questioned by the Social Insurance Institution has increased. This occurs when the company employed the sole shareholder or dominant partner (holding the majority of shares),...