articles - Labour and employment law

An employment contract performed entirely within Poland but concluded with an employer without a registered office in the EU, the EEA or Switzerland may not constitute grounds for mandatory Polish social insurance. This position was adopted by the Social Insurance Institution in an individual interpretation of Polish law.

Employees sometimes report accidents on their way to work. This generally results in an employee’s lateness to or absence from work being deemed excused. Employers are often unaware, however, that such notification carries additional obligations. Failures in this respect create the risk of the employee litigating with the employer to establish that such an event was an accident on the way to work. What should an employer do to protect themselves from such a risk?

Since 1997, employers hiring disabled workers have been able to apply for support from PFRON. This applies both to sheltered workplaces and to the open labour market.

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).

Since 16 July 2020, companies transferring personal data from the EU to the US, including employees' personal data, have had a difficult nut to crack. The Court of Justice of the European Union invalidated the decision in the Privacy Shield case, depriving companies of the possibility of basing data transfers to the US on this basis. However, the Court's judgment (so-called Schrems II) may have serious consequences for companies transferring data to other countries outside the European Economic Area as well.

GDPR rules require certain entities to appoint a Data Protection Officer. Where an organisation considers that such an obligation does not apply to it, it should properly document this.