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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 of...
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 Supreme...
Different treatment in employment due to citizenship and historical events
In the judgment of May 7, 2019, file ref. II PK 31/18, the Supreme Court undertook to assess whether employing persons with a specific citizenship on different terms than persons without this citizenship constitutes a discriminatory practice. The judgment was issued...
The method of determining compensation for an employee for termination or dismissal without notice inconsistent with the provisions of the labor law
Termination of the employment relationship may be the result of termination or expiration through the lapse of time for which the contract was concluded. In the first case, the employment relationship ends under an agreement concluded between the employer and the...
Definition of mobbing in jurisprudence
The Court of Appeal in Warsaw, in its judgment of November 17, 2022 (III APa 58/19), attempted to define mobbing. According to the Court, mobbing is characterized by continuous impact on the employee, persistence and long-term harassment or intimidation of the...
Abuse of law in labor law
One of the provisions of the preliminary provisions of the Labor Code is Art. 8, which is equivalent to Art. 5 k.c. It contains two equivalent and separate, though interrelated, general clauses - the socio-economic purpose of law and the principles of social...
Remote work and discrimination in the Labor Code
The Labor Code Act of June 26, 1974 indicates the prohibition of discrimination and equal treatment in employment as one of its flagship principles. Article 113 of the Code presents an open catalog of discrimination criteria, which include, in particular, gender, age,...
Protection of employees on parental leave
Protection against termination of the employment contract was also granted to employees on parental leave. According to Art. 1868 of the Labor Code, the employer may not terminate or terminate the employment contract in the period from the date of submission of the...
Abuse of the law
One of the provisions of the preliminary provisions of the Labor Code is Art. 8, which is equivalent to Art. 5 k.c. It contains two equivalent and separate, though interrelated, general clauses - the socio-economic purpose of law and the principles of social...
Protection of young workers
Inadequate working conditions may have a negative impact on the psychophysical development of children and youth, which is why the legislator limited the possibility of employing them and at the same time provided for certain protective guarantees for them. Provisions...