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Category: employment contract

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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Posted on Categories contract termination, employment contract

Sickness absenteeism as a cause for employment termination?

Employee sickness and absenteeism from work are inherent business risks which the employer has to take into account. An employee’s absence from work can be so frequent that it significantly affects the functioning of the workplace. In such situations, it may be in the employer’s interest to terminate such an employee’s employment contract and hire someone else to take their place. Labour Code provisions oblige employers to specify the reason justifying such a decision in the notice terminating indefinite-term contracts (Article 30 § 4 of the Labour Code). Does regular sickness absenteeism constitute an independent and sufficient reason for termination?

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Posted on Categories employment contract, Social Insurance

An employment contract with a foreign employer is not always subject to Polish social insurance

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.

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Posted on Categories employment contract

Cause of employment contract termination cannot be modified

Employment contract termination is one of the most important legal actions in relation to an employer – employee, as it terminates the legal relationship binding them. An employer must diligently prepare for termination of an employment contract. Any error on his part may result in the need to pay compensation to an employee or even to reinstate the employee at work on previous terms.

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