News
Employment of members of the cooperative’s management board
In accordance with the decision of the Supreme Court of 10 December 2024 (III PSK 125/24), Article 52 § 1 of the 1982 Act – Cooperative Law is not a separate provision within the meaning of Article 68 § 1 of the Labour Code. This means that members of the...
Permissible differentiation of employee groups
In its judgment of 28 August 2024 (I PSKP 15/24), the Supreme Court stated that while it is permissible to differentiate the legal status of employee groups that are not equal by definition (management staff and other employees), or to condition the amount of benefits...
Termination of the replacement contract
The plaintiff entered into an employment contract with the defendant for the period of replacement. The content of the contract indicated that the employer had been employing the plaintiff since August 20, 2018 for the period of A. T.'s justified absence from work....
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 same...
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. 1012 §...
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 a...
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 individual...
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 a...
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 183a...