Dziubak-Napiórkowska - Labour and employment law

One of an employer’s basic obligations as regards health and safety at work is not allowing employees to work without a valid medical certificate. This must state that there are no contraindications preventing a given employee from working in a specific position under the conditions described in the medical examination referral (Article 229 § 4 of the Labour Code).

The Labour Code defines mobbing in art. 943 § 1 as action or behaviour pertaining to or directed at an employee in the form of persistent and lengthy harassment or intimidation causing underestimation of professional usefulness or resulting in or intended to humiliate or mock an employee or to isolate or eliminate him or her from a team of co-workers.

The current situation involving the pandemic and the binding Anti-Crisis Shield regulations may raise many doubts as to an employer’s rights. One practical aspect is the need to know whether it is possible to terminate an employment contract during the employee’s absence and while the person is not working due to the downtime.