News
Unemployment
Attention: translated from Polish Unemployment is a social phenomenon in which some people who are able to work and want to take up work do not find employment. A more detailed discussion of the subject is regulated in the Act of 20 April 2004 on the promotion of...
Can a mandate contract actually be an employment contract?
ATTENTION! Automatic translation from Polish Many dishonest employers offer employees mandate contracts, even though the work performed is no different from that performed under a standard employment contract (UoP). Why do they do this? First and foremost, employers...
Termination of the contract by mutual consent and the right to remuneration
As in many other areas of law, in labor law there are situations in which a conflict (real or apparent) of two important norms may occur. This is also the case in the case of termination of an employment contract by mutual consent in a way that shortens the notice...
Protection of the employee’s right to pursue claims
ATTENTION! automatic translation from Polish According to the Supreme Court decision of 4 June 2019, II PK 140/18, any legal actions taken by an employee in connection with a violation of the principle of equal treatment cannot result in any negative consequences. The...
Holiday Leave in the Light of the Labor Code – regulations on the threshold of change
ATTENTION !!! automatic translation from Polish The issue of vacation leave is currently regulated by the provisions of the Labor Code. According to art. 154 § 1 of the Labor Code, the amount of vacation leave depends on the length of service and is: • 20 days - for...
Additional remuneration for termination of employment by mutual consent and social security contributions
According to the letter of the Social Insurance Institution Headquarters of 22 November 2013 (case reference Dl/100000/451/1371/2013), additional benefits granted to an employee in connection with termination of employment by mutual consent should not be subject to...
Can the denial of a bonus (discretionary premium) constitute discrimination?
According to the reasoning in the Supreme Court's ruling of January 15, 2025 (case ref. III PSK 35/24), criteria for awarding a bonus (referred to as a "discretionary premium") may be deemed discriminatory if they violate provisions under Art. 94(9), Art. 112,...
Failure to present new employment conditions as a violation of the principle of equal treatment
According to the judgment of the Supreme Court of 6 December 2023 (II PSKP 31/22), the employee's claims under Article 67, second sentence, of the Labor Code in connection with Article 56 § 1 of the Labor Code may be determined by the application of unequal treatment...
Lack of work due to the employer’s fault
In the Supreme Court's judgment of 30 January 2024 (II PSKP 1/22), work performed in excess of the employee's working time standards cannot therefore not include those periods of the statutory working time standard in which the employee is ready to perform the agreed...
Direct discrimination
According to the judgment of the Supreme Court of 13 March 2024 (II PSKP 52/23) in the light of Article 183a § 3 of the Labour Code, direct discrimination exists when an employee for one or more reasons specified in the Labour Code was, is or could be treated less...