News
Unintentional nature of mobbing – judgment of the Supreme Court of February 22, 2023
Mobbing in accordance with its code definition contained in Art. 943 of the Labor Code: "means actions or behavior relating to an employee or directed against an employee, consisting in persistent and long-term harassment or intimidation of an employee, causing him to...
Basics of the remote work principle specified in the Labor Code
Just 4 years ago, remote work, although practiced, was a kind of employee exotic. The pandemic experience has led to a sharp increase in people working remotely. Currently, it is practically equivalent to the traditional form of work. The legislator, who regulated...
Unintentional mobbing
Mobbing can also be unintentional. This was confirmed by the Supreme Court in its judgment of February 22, 2023 (I PSKP 8/22). According to the Supreme Court, an employer is liable for the effects of mobbing also when the perpetrator acted unintentionally, i.e. did...
Prohibition of additional work
In certain situations, from the employer's point of view, it is beneficial to limit the possibility of taking up additional work by its employees, e.g. for fear of physical fatigue of the employee, distraction related to other paid work, or due to personal limits on...
Prohibition of discrimination based on age
In the judgment of April 19, 2023 (II PSKP 72/22), the Supreme Court examined the case of dismissal of an employee due to reaching retirement age. The plaintiff E.Ł. filed a lawsuit with the District Court in Warsaw for reinstatement at the defendant Tax...
National Labor Inspectorate – tasks and powers.
The employee's rights and the employer's resulting obligations would be purely fictitious if there were no institutions supervising their implementation. In addition to labor courts, which generally ensure compliance with labor law standards, supervision is exercised...
Manifesting political views by an employee
The Supreme Court in its decision of August 29, 2023 (II PSK 5/23) ruled that in accordance with Art. 183a § 1 of the Code of Criminal Procedure employees should be treated equally in terms of establishing and terminating an employment relationship, terms of...
A fixed-term contract instead of an open-ended contract
In the decision of February 22, 2023 (I PSK 48/22), the Supreme Court stated that recognizing the termination of an illegally concluded long-term fixed-term employment contract upon the expiry of the period for which it was concluded (Article 30 § 1 point 4 of the...
Defending women’s rights in the army
By decision of October 31, 2023, No. 120.MON, the Minister of National Defense established Council for Women's Military Service as a representative of women soldiers performing professional military service, which is a consultative and advisory body to the Minister of...
Remote work in the Labor Code
The amendment to the Labor Code, which entered into force on April 7, 2023, structured the institution of remote work in the Polish legal system. The urgent need to regulate the status of remote work resulted from the significant spread of this form of work during the...