Legal alert – employment law

Katie R. Ochoa

Below be sure to find information and facts on labour regulation and social stability-associated challenges that are vital for both of those businesses and personnel.

Rzeczpospolita Position – BKB among the the best labour regulation companies in Poland

We are joyful to announce that BKB has been recommended in the Rating of Legislation Companies of Rzeczpospolita 2021, and Dr. Daniel Książek has been named for an specific award.

  • BKB Baran Książek Bigaj Law Business has been encouraged in the classification “Labour legislation and social coverage law”.

Thank you for this honour and congratulations to all these named!

Governing administration proposal for minimum amount wage in 2022

The Council of Ministers has adopted a proposal for the minimal wage in 2022 of PLN 3 000 and a minimal hourly charge of PLN 19.60. Next, the proposal will be negotiated with the Social Dialogue Council.

  • In 2021, the least wage is PLN 2 800 and the bare minimum hourly amount is PLN 18.30. The minimum amount wage is to boost by PLN 200 on 2021 in 2022 and the least hourly fee by PLN .70.

Much more on this matter can be located here:

https://www.gov.pl/website/rozwoj-praca-technologia/rzad-przyjal-propozycje-placy-minimalnej-i-stawki-godzinowej-w-2022-r   

Demographic Technique 2040 – possible amendments to the Labour Code.

In June 2021, the Council of Ministers introduced the premises for the “Demographic Strategy 2040”.

Key premises of the technique concerning employment law, which include:

  • reduction of the quantity of work contracts for a definite period that can be concluded with persons up to 40 a long time outdated over a interval of up to 15 months to two,
  • flexible do the job preparations for expecting women of all ages and moms and dads of small children up to 4 a long time (remote function, hybrid work or flexitime) – the preference will rely on the nature of the do the job in issue and will be designed on the basis of an settlement concerning an employer and an personnel,
  • protection towards termination of work for each parents: safety for moms for up to a calendar year immediately after returning to do the job from maternity or parental go away, introducing security for fathers until finally the boy or girl reaches the age of just one yr – in the situation of married partners, this defense would apply from the moment the spouse gets to be expecting,
  • certain lowered doing work hours for expecting women and dad and mom of little ones up to 4 yrs old,  with the proviso that the employer could not discriminate in opposition to an employee because of to doing work diminished working hours by excluding the staff from employment added benefits.

We will retain you informed of developments.

Far more on this topic can be found here:

https://www.gov.pl/world wide web/leading/premier-o-strategii-demograficznej-2040-to-application-ktory-ma-wzmacniac-polske

 

The Polish Deal – doable amendments in employment legislation

In Could 2021, the doc presenting the programme for the Polish Deal was presented, which also incorporates general proposals with regards to employment.

The proposals:

  • distant operate to be controlled in the Labour Code
  • goal to eliminate the gender pay gap. “Large corporations” will have to justify within 30 times – at the employee’s request – the rationale for shelling out a selected total of remuneration for do the job workforce will be entitled to facts on average earnings of individuals of the reverse gender undertaking the identical/similar things to do.
  • there will be limitations on applicability of civil legislation contracts – social safety contributions will be payable in complete on contracts of mandate – freelance assistance contracts (umowa zlecenia) on the other hand, responding to dilemma 24332 set by a member of the decreased house of parliament, secretary of point out at the Ministry of Family members and Social Plan Stanisław Szwed discussed that the ministry ‘did not envisage generating contracts of mandate topic to social security contributions for pupils at secondary school and above and college students aged up to 26, or building agreements for a specified work  (umowa o dzieło) subject to social stability contributions’
  • parental security – sure ways of supporting working mother and father who do not have accessibility to treatment companies: the employer will be expected to agree to use at least a person of 3 instruments (i) telework or distant do the job (ii) lessened doing the job several hours, or (iii) various perform beginning situations.

We will retain you educated of developments.

More on this topic can be found right here:

http://polskilad.pis.org.pl/

https://www.sejm.gov.pl/Sejm9.nsf/InterpelacjaTresc.xsp?vital=C49HVV  

Bill on personnel alcoholic beverages testing

In accordance to a proposal manufactured by the Polish governing administration on Might 17, 2021, the Labour Code will give an solution for an employer to carry out alcoholic beverages tests of employees.

  • The electricity to perform employee alcohol tests would be stipulated via collective bargaining, in the work by-legislation (office polices), or in a declaration manufactured by the employer, also stating the team or groups of staff members covered by testing and the process and course of action for tests. An employer would be expected to tell staff members that alcohol testing will begin a least of two months in progress.
  • Tests would be subject to selected ailments, which are the need to have for security of lifetime and well being of personnel and other persons, or protection of the employer’s house. The monthly bill states explicitly that an employer may well not confess to function a particular person observed to have consumed alcohol or other substances of related effect, or who is reasonably believed to have consumed liquor or this kind of substances.
  • In the case of substances that have a equivalent result to liquor, as a rule alcoholic beverages screening guidelines would apply accordingly.

Much more on this subject matter can be identified below:

https://legislacja.rcl.gov.pl/projekt/12347305/katalog/12791123#12791123 

Extra data to be included on a social protection form

On May possibly 16, 2021, an amendment to posting 36 of the Act on the Social Protection Method arrived into force, according to which a social stability software form has to state the profession of the human being being registered.

  • In accordance to the assertion of good reasons for the bill, the need to state the profession of the person staying registered is being introduced for statistical applications.
  • Lawmakers have reported that details on profession can be practical in analysing grounds for sick go away – depending on the occupation, or in monitoring imbalance and surplus occupations, and analyses or forecasts on the labour current market and improvements in the social construction in Poland.

Far more on this topic can be uncovered right here:

https://dziennikustaw.gov.pl/DU/rok/2020/pozycja/875

http://www.sejm.gov.pl/Sejm9.nsf/druk.xsp?nr=344

Alterations in civil treatment because of to COVID-19

On July 3, 2021, according to the Act of Might 28, 2021 amending the Civil Course of action Code and other acts, important modifications regarding civil method arrived into drive, i.e.:

  • the chance for a court docket to effect assistance of courtroom papers to skilled reps (e.g. advocates, attorneys-at-regulation) by putting up them on the court’s facts  portal – during a state of epidemic risk or state of epidemic declared due to COVID-19 and a person yr soon after it is declared finished. This is not intended to implement to pleadings that are served with copies of the parties’ pleadings or other paperwork not originating from the court docket the Act provides for the “effective delivery” rule -if a recipient does not overview correspondence posted on the court’s info portal, the correspondence is deemed to be sent 14 days from the day on which it is posted on the portal.
  • a need for a qualified consultant to specify an e-mail tackle and a phone range to be made use of for speaking to the court in the very first pleading in civil proceedings (failure to do so will constitute a official defect) – this obligation applies to pleadings filed with a court docket just after July 3, 2021
  • during a condition of epidemic danger or state of epidemic announced because of to COVID-19 and a single 12 months right after it is declared ended – distant courtroom hearings (utilizing technical units) will be the rule – it will be attainable to refer circumstances for closed session when distant hearings cannot be carried out.

A lot more on this subject matter can be discovered in this article:

https://dziennikustaw.gov.pl/DU/rok/2021/pozycja/1090  

Consultation with trade unions on an employer’s intention to terminate an work agreement by recognize with an employee must be in creating – the Supreme Court docket has identified

Pursuant to Write-up 38 § 1 of the Labour Code:

An employer shall notify in creating the establishment’s trade union business symbolizing the worker of any intention to terminate by notice a deal of work concluded for an indefinite interval and shall give the rationale for termination of the agreement.

  • In a judgment of January 21, 2021, ref. III PSKP 2/21, the Polish Supreme Court verified that the only appropriate type of informing the trade union about the employer’s intention to terminate the work agreement with a distinct employee is the created sort. As a result, in mild of the Labour Code, sending the over information and facts to the trade union through e-mail suggests that the employer did not notice the published sort needed by the Labour Code (an e-mail information can be dealt with as a doc, which, of class, is not a penned sort).
  • Nevertheless, as opposed to in the situation of “normal” termination of an work agreement by notice by the employer, in light of Article 52 § 3 of the Labour Code,  notification of the firm trade union corporation of the cause justifying the termination of an work deal with rapid result does not essentially have to be in crafting (see  judgment of the Supreme Courtroom of February 9, 2016, ref. II PK 330/14).
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