Author: Katarzyna Magnuska

Katarzyna Magnuska, attorney-at-law, advises on individual and collective labour law and immigration law, with a particular focus on cross-border relocation of talent and managers (global mobility). She advises clients on employment-related aspects of restructuring of enterprises, in particular taking part in employment aspects of due diligence reviews. She advises on termination or change of employment conditions of key employees, collective redundancies, take-overs of employees, and protection of employers’ trade secrets and competitor-sensitive know-how (non-competition, confidentiality, and non-solicitation agreements). For many years she has advised clients on posting of employees and legalisation of stay and work of non-EU nationals and their families in Poland.
Katarzyna Magnuska
Posted on Categories whistleblowers

New draft bill on whistleblowers – is it better than the last one?

It has already been four months since the deadline to implement the EU Whistleblowing Directive (Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law). As of 17 December 2021 almost none of the EU Member States had adopted local legislation implementing the EU directive; Poland being one of them.On 27 January 2022 the European Commission sent official notification to Poland because of the lack of transposition of the Directive.

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Posted on Categories whistleblowers

Polish Whistleblowing Act: What should employers expect?

Protection of all categories of staff, including job candidates and former employees. A broad range of infringements subject to reporting. Protection of whistleblowers against all retaliatory measures, including defamation suits. A duty to establish internal whistleblowing procedures. These are just a few of the points included in the guidelines for the bill implementing the EU’s Whistleblower Directive.

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Posted on Categories litigation

Higher costs for reinstatement to work?

The costs of unlawfully dismissing an employee are already high. Reinstatement to work and the former employer’s obligation to pay an employee’s salary for the time when he/she was out of work or, alternatively, compensation, costs of a protracted court case before the labour court (in Poland the judgment in a court of first instance is issued approximately two years after the claim is filed) means that the employer’s defeat in a labour court may be particularly severe for the company (and its budget).

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Posted on Categories coronavirus

The Coronavirus has caused trouble with employee vacation leave

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 Shield 4.0 as paramount in securing proper functioning of the state and satisfaction of certain day-to-day needs (including the energy sector) have been statutorily obligated to refuse granting leave (not only vacation leave) or to reschedule/recall them. 

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