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Category: employment contract

Posted on Categories employment contract, regulatory

Changes to the Labour Code: new compulsory elements of an employment contract and broader information obligations of employers

The government’s bill to amend the Labour Code and certain other acts, which seeks to implement solutions provided under EU Directives into Polish legislation[1], may have a significant impact on the employees’ rights and on the corresponding employers’ obligations. The amendment seeks to extend parenthood rights, including by extending parental leave (in the spirit of work-life balance) and to make revolutionary changes in how employment contracts are terminated. In desiring to achieve the greatest possible transparency and predictability in employment, it also seeks to modify the compulsory elements of an employment contract and to significantly affect (broaden) the information obligations of employers with respect to employees. 

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Posted on Categories employment contract, Social Insurance

Changes to social security regulations may reduce abuse of sick leave by employees

The beginning of 2022 will bring significant social security changes for both insured (employees) and payers (employers). These changes relate to the amendment of social security regulations, including the Act on cash benefits from social insurance in case of sickness and maternity (the Act of 24 June 2021 amending the Act on the social insurance system and some other acts), some of the provisions of which have already been in force since 18 September 2021

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Posted on Categories employment contract, intellectual property

Are provisions regulating copyrights necessary in employment contracts with staff?

Employers frequently find no need to include provisions in employment contracts that regulate copyrights to work produced by an employee. They rest on the general principle that the employer automatically acquires economic copyrights to work created in the course of performing assigned tasks1 or that the right to them arises to his benefit by law (as in the case of computer software)2. Therefore, regulations in an employment contract are unnecessary. This is obviously true to a certain degree. The devil nevertheless lies in details. If an employer solely rests on statutory provisions, he may not obtain complete security and full rights that could be secured if certain matters were contractually stipulated.

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Posted on Categories employment contract

How much compensation for a non-compete clause on employment termination? When a regulation is short, doubts are many

The shorter a regulation, the more questions and doubts it raises. And so it is in the case of Article 101(2) § 3 of the Labour Code, which regulates the minimum amount of compensation for a non-compete clause (or restrictive covenant) after employment termination. Compensation may not be lower than 25% of the remuneration the employee received before employment termination, for the duration of the competition ban. How this is interpreted is important. 

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