articles: varia
In practice, it may happen that an employee, who is within a period of notice, seriously breaches basic duties, giving the employer grounds to terminate the employment contract without notice (a disciplinary dismissal). In such case, the employer will not have to wait for the period of notice to expire: the employer will be able to terminate the contract immediately due to a fault of the employee, without having to withdraw the earlier notice of termination.
Nevertheless, such a decision carries significant legal consequences as the employee may appeal against both the notice of termination and the disciplinary dismissal. Furthermore, the only provision of the Labour Code that explicitly governs the effects of an immediate termination of employment due to a fault of the employee within a period of notice is Article 60 of LC, and it does not cover all possible situations. Below, we discuss common scenarios and their practical implications for employers.
Previously, legislators considered that allowing employee records (including personnel files) to be kept in electronic form had comprehensively resolved the issue of digitisation in employment relations. This was not the case, as archiving documents is not the same as creating them. In many instances, labour law provisions continued to favour the paper-based workflow of documents.
For some time now, however, the trend has been to facilitate communication in labour law matters and allow the use of electronic tools in a broader scope.
Social media today serve as a forum for expressing views on a wide variety of topics relating to both private and professional life. How should employers respond to employees’ activities in the virtual space that may conflict with the company’s values or even openly harm its interests?
Artificial intelligence has burst onto the business scene: it assists with writing e-mails and taking notes, creating products and services, and even designing advertising materials. The operational benefits for employers are undeniable, but they are accompanied by serious risks regarding copyright and other intellectual property rights. We identify quite a few in our practice. Below, we highlight two key areas that have become shrouded in certain myths and misconceptions.
In recent years, numerous discussions on the limits of freedom of expression in the workplace have been a popular topic of discussion in public forums. There have also been high-profile legal disputes based on conflicts between the value systems promoted by employers and the personal beliefs of employees. Current events in the international arena, particularly the full-scale invasion of Ukraine by the Russian Federation and the operations of the Israeli armed forces in the Gaza Strip, have opened up another potential area of friction in the employment relationship. In this context, the question is whether an employee's opposition to military action can justify refusing to carry out work orders (for example, when dealing with clients from countries involved in military operations).
An employee's return to work following an extended period of parental leave presents significant challenges for both the employee and the employer. The Labour Code affords returning employees protection and grants them additional rights designed to facilitate a seamless transition back to the workplace, thereby imposing a range of corresponding obligations on employers.