News
No obligation to indicate the reason for unequal treatment
According to the judgment of the Supreme Court of 9 January 2024 (I PSKP 39/22), an employee pursuing claims for a breach of the order specified in Article 112 of the Labor Code aims to ensure equality in the sphere of contracting, consisting in granting him the...
Payment of a non-competition agreement
According to the Supreme Court decision of October 23, 2024 (III PSK 124/23), a non-competition agreement, after the termination of the employment relationship, is a paid agreement. The legislator protects the benefit due to the employee. This results from art....
The role of Voluntary Labor Corps in Poland
Voluntary Labor Corps is an institution established under the provisions of employment promotion and labor market institutions, the aim of which is to support young people in employment and counteract marginalization and social exclusion. Voluntary Labor Corps are...
Mobbing as a phenomenon with a wide range of behaviors – Supreme Court ruling in case II PSKP 38/23
In a relatively recent judgment of June 11, 2024 (II PSKP 38/23), the Supreme Court once again emphasized the wide range of activities that may be considered mobbing, indicating that they include both active and passive manifestations of harassment: "The range of...
Prohibition of discrimination and the company collective labour agreement
A company collective labour agreement cannot repeal the prohibition of discrimination. According to the Supreme Court judgment of 14 February 2006 (III PK 109/05), the provision of art. 24113 § 2 sentence two of the Labour Code applies to the termination of...
Employment contract with a member of the management board of a cooperative
In its judgment of 14 December 2023 (I PSKP 34/22), the Supreme Court recalled that starting from 22 February 2016, it is not possible to conclude an employment contract with a member of the management board of a cooperative (or a capital company, respectively) for...
Refusal to employ a pregnant woman as a manifestation of discrimination
According to the judgment of the Supreme Court of 11 January 2006 (II UK 51/05), the law does not prohibit the employment of pregnant women, and on the contrary, refusing to employ a woman solely because she is pregnant would be considered discrimination (Article...
The principle of employee loyalty in the Labor Code
Employee loyalty towards the employer is one of the basic obligations of the employee listed in art. 104 §2 point 4 of the Labor Code. By the so-called principle of employee loyalty, the Code understands the obligation to take care of the good of the workplace,...
Equal work and work of equal value
According to the Supreme Court (decision of October 18, 2023 I PSK 103/22), equal work is work that is the same in terms of type, qualifications necessary to perform it, conditions in which it is performed, as well as - quantity and quality If employees perform the...
Implementation of the principle of employee rights protection in court proceedings
As a rule, an employee may pursue their rights before a common court or a conciliation commission. In the event of initiating proceedings before a conciliation commission, legal recourse becomes temporarily inadmissible. However, if no settlement is reached before...