Art. 42 §4 of the Polish Labour Code grants the employer broad authority
to modify employees’ working conditions. It permits the employer to assign work
to the employee different from that originally agreed. But this possibility is
subject to many limitations. The employer thus may assign different work to the
employee only when:
- A legitimate need arises on the part of the employer
- The period of assignment of different work does not
exceed three months within a calendar year
- Assignment of different work will not reduce the
employee’s pay, and
- The assigned work is suited to the employee’s
qualifications.
In the course of applying Art. 42 §4, doubts have arisen whether it is possible on this basis to change the place of performance of the work which the employee and the employer agreed to in the employment contract.
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