articles - Labour and employment law

The pandemic caused by the SARS-CoV-2 virus and restrictions that it has evoked has brutally forced employees to review their vacation leave plans. On one hand this was caused, among others, by the closing of borders and mandatory quarantine while, on the other, by the sudden decrease in demand for labour in certain sectors. The availability of certain employees (even remotely) has become imperative for further business, whereas remaining employees have faced the perspective of dismissal or at least mandatory leave. It should be noted that entities conducting business in sectors listed in...

The provisions of Shield 4.0 are already in force as part of the draft law on interest rate subsidies for bank loans to ensure the financial liquidity of entrepreneurs affected by COVID-19, as well as amendments to some other acts.

Due to the current situation caused by the spread of SARS-CoV-2, entrepreneurs are forced to cut costs. When other measures are insufficient, staff reductions may be necessary. Whether such redundancies take place collectively or individually, the rules on employment contract termination will still apply.

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.

The Polish so-called “anti-crisis shield” (The Act of 31 March 2020 amending the Act on special solutions related to the prevention and eradication of COVID-19, other infectious diseases and crisis situations caused by them, as well as some other acts) has introduced a series of legal solutions aimed at solving the problems caused by the SARS-CoV-2 virus epidemic for the legality of foreign citizens staying and working in Poland. The new regulations are in force as of 31 March 2020.

The spread of SARS-CoV-2 has unprecedented economic consequences, both global and national. The negative effects of current events are felt by most employers. Many employers are already preparing for change, including considering layoffs and holding back on recruitment.