News
No effects of mobbing
In the judgment of February 22, 2023 (I PSKP 8/22) of the Supreme Court, it found that recognizing specific behavior as mobbing does not require either a finding on the part of the persecutor of action aimed at achieving a goal (intention) or the occurrence of an...
Conditions for diagnosing an occupational disease
In the judgment of August 10, 2023, the Provincial Administrative Court in Łódź (III SA/Łd 273/23) ruled that any doubts that cannot be removed should not be interpreted to the detriment of an employee employed in conditions that expose him to illness. The...
Employee hypersensitivity
When assessing behaviors considered mobbing, it is necessary to use the ideal model of "reasonable victim", which is to eliminate from the scope of the term cases resulting from the employee's hypersensitivity. Examining and evaluating the subjective feelings of a...
Working time system
Shaping systems and schedules of working time is one of the elements of the employer's managerial powers. This was confirmed by the Supreme Court in the judgment of March 25, 1977, I PZP 60/76 (LEX No. 14372), in which it stated that "organizing the work process...
Non-competition clause in contracts other than an employment contract
The Labor Code (consolidated text: Journal of Laws of 2022, item 1510, as amended) directly indicates several restrictions to which non-competition agreements between an employee and an employer are subject. The main limitation in the case of contracts concluded...
Work regulations
Work regulations are an internal source of labor law. As indicated by Art. 104 § 1 of the Labor Code, it determines the organization and order of work, as well as the rights and obligations of the parties to the employment relationship, i.e. the employer and the...
Mobbing and harassment – similarities and differences
Mobbing is regulated in Art. 94[3] of the Labor Code (consolidated text: Journal of Laws of 2022, item 1510, 1700, 2140, of 2023, item 240), where the legislator placed e.g. its legal definition. Mobbing means actions or behaviors related to an employee or directed...
Outwork contract – selected issues
The homework contract, hereinafter referred to as the contract, should be concluded in writing, specifying the type of contract and its basic conditions, in particular the type of work and the date of its commencement, as well as the principles of remuneration. The...
Reasons for recognizing an employee’s behavior as a serious breach of a basic employee duty
Jurisprudence and legal science indicate that the employee's behavior justifying the termination of the employment contract by the employer pursuant to Art. 52 § 1 point 1 of the Labor Code, w should be unlawful, culpable and infringing or threatening the interests...
Compensation for violation of the principle of equal treatment
According to Art. 183d of the Labor Code, a person against whom the employer violated the principle of equal treatment in employment has the right to compensation in the amount not lower than the minimum remuneration for work. In the judgment I PSKP 21/21, the...