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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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Posted on Categories accident at work

Accident at work – and what happens next: Accident during a business trip

At one time, a French court’s ruling concerning an employee who died from a heart attack after having casual sex [during a business trip] aroused great interest in the Polish press. The controversy concerned the court’s recognition of this incident as an accident at work, due to the fact that it took place during the employee’s business trip. The court held that an employee is protected throughout the entire duration of a business trip, also when carrying out normal human activities, which include having sex, as well as taking a shower or eating a meal. Could a similar judgment be passed in a Polish situation?

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Posted on Categories employees with disabilities, personal data

Is the Employer Entitled to Request Employee Disability Information?

Many employers believe that they have the right to require their employees to provide information on their disability. This is because employers have an obligation to ensure that employees with disabilities can exercise particular privileges. The Personal Data Protection Office (‘PDPO‘) examined this issue in its position paper published on 24 August 2020, where it reminded that it is up to the employee to decide whether or not to provide such information.

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Posted on Categories coronavirus, employees with disabilities

Extension of the validity of rulings on disability due to the SARS-CoV-2 epidemic

The Act dated 31 March 2020, namely the so-called Anti-Crisis Shield 1.0, introduced a series of new provisions to the Act dated 2 March 2020 on specific solutions associated with the prevention and countering of the SARS-CoV-2 virus, other contagious diseases and the crisis situations they cause (hereafter the Special Law). Its main purpose was to primarily enable employers to retain work positions during suspension of activity or reduction of revenues. It also includes important provisions on extension of the validity of judgments regarding disability, degree of disability and inability to work to which employers hiring disabled persons should draw particular attention.

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