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Carer's leave was introduced into the Labour Code on 26 April 2023 by the Act amending the Labour Code (LC) and certain other acts of 9 March 2023. The Act was intended to introduce two directives into Polish law:
- Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union
- Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
This is the second in a series of articles in which we discuss the duties of a data controller with respect to data protection breaches in the employment context, drawing on Guidelines 01/2021 on Examples regarding Personal Data Breach Notification adopted on 14 December 2021 (version 2.0) from the European Data Protection Board (EDPB).
In the current Polish labour market, disclosure of salaries by employers is standard only in certain industries, particularly in the IT sector. Many employers do not disclose salary information to protect company secrets. Hence, it appears, that the norm is not to disclose salary ranges in recruitment advertisements, use of salary secrecy provisions and for employers to increasingly rarely set pay grades, which translates into less disclosure of salaries in organisations.
Responding appropriate to a data breach is one of the fundamental duties of data controllers under the EU’s General Data Protection Regulation (GDPR). But practice shows that complying with these duties often poses major problems for data controllers, including when the breach occurs in an employment context. These difficulties include in particular assessing:
- Whether a breach has occurred
- The risk associated with the breach
- What legal duties are imposed on the data controller in relation to the breach
- What measures should be implemented in connection with the breach.
Directive (EU) 2023/970 of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms was adopted on 10 May 2023. What new obligations will employers face? How does EU law understand equal pay?
For a recruiting employer, a candidate’s professional competence is crucial. Equally important, however, is sometimes the timing of starting work.
The start date is affected not only by the notice period for the candidate's current employment. In the case of candidates who are citizens of third countries (i.e., outside the European Economic Area or Switzerland), the need to legalize their stay and work in Poland matters.