employment contract – Page 2

23 April 2021contract 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?

16 December 202023 December 2020employment 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.

22 October 202022 October 2020employment 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.

18 December 2019employment contract

Time limit after which claims expire for remedy of damage done to an employer by an employee

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.

HRlaw.pl

Category: employment contract

Sickness absenteeism as a cause for employment termination?

Cause of employment contract termination cannot be modified

Time limit after which claims expire for remedy of damage done to an employer by an employee