articles - Labour and employment law

Public consultations on the draft amendments to the Posting of Workers Act are in progress. The Act governs the conditions of employment of workers posted to the territory of the Republic of Poland by a foreign employer for the purpose of temporary provision of services. The changes are aimed at implementing in Polish law the amended EU Posting of Workers Directive (2018/957). The amendment contains several significant changes concerning the obligations to be fulfilled by a foreign employer posting his personnel to Poland. First of all, it broadens the scope of minimum conditions of...

Entrepreneurs have long been aware that they can gain advantage over competitors, not only through the high quality of their products or services, but also by managing customer satisfaction. Whispered marketing is a powerful brand image building tool nowadays, and a firm’s success is increasingly dependent on the number of “likes”, stars, and other forms of customer recognition it has achieved on social media. One negative opinion, if repeated and passed on sufficiently frequently, can effectively undermine long-term marketing and PR achievements. This is why firms attach great...

The Labour Code stipulates time limits after which an employer’s claims expire for remedy of damage inflicted by an employee due to failure to perform or improper performance of employee duties. Under Art. 291 § 2 of the Labour Code, claims of this kind expire one year from the day on which the employer became aware of the damage done by an employee, but no more than three years from the time the damage was inflicted. It is not entirely clear when these periods should be considered to start.  

Under the Labour Code (Art. 100 § 2(6)), an employee has a duty to abide by the principles of community life, but what does this entail?  

After amendment of the Unfair Competition Act, should a nondisclosure obligation be provided explicitly in an employment contract for when an employee leaves?  

Some time has passed since the Polish Labour Code was adjusted to the provisions of the EU’s General Data Protection Regulation, but some issues remain unclear. Problems with interpretation of the provisions arise at the stage of recruitment and determining which personal data of candidates may be collected and processed by prospective employees. Doubts are raised for example by the issue of the permissibility of obtaining residential addresses from job applicants.