HRlaw.pl

Posted on Categories personal data

Employees’ consent to processing of their personal data by the employer

Amendments to the Polish Labour Code in force since May 2019 resolved the existing doubts as to the admissibility of obtaining employees’ consent to processing of their personal data by employers.

Before, the courts had held quite clearly that if an employee’s consent to processing of his personal data were considered a circumstance legalising the gathering of personal data from an employee other than those specified in Art. 221 of the Labour Code, that would constitute a breach of that provision and a circumvention of the law (Supreme Administrative Court judgments of 1 December 2009, case no. I OSK 249/09, and 6 September 2011, case no. I OSK 1476/10). Therefore, as a rule, obtaining personal data other than those indicated in Art. 221 of the Labour Code based on the employee’s consent was deemed inadmissible.

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Posted on Categories mobbing

Uprooting mobbing at firms

A major change to the Labour Code entered into force on 7 September 2019, making it easier for employees to pursue claims for mobbing.

Under Art. 943 of the Polish Labour Code, an employee may seek compensation (zadośćuczynienie) for a detriment to the employee’s health caused by mobbing, as well as damages (odszkodowanie) in an amount no less than the minimum wage. But previously, as a condition for seeking damages, the employee had to terminate the employment on the grounds of mobbing.

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Posted on Categories hiring foreigners

Employment contracts with foreigners. Part 4: right to salary

In the case of a foreigner who has lost or not yet obtained rights to work and stay in Poland, the issues of conclusion and termination of the employment contract and setting the starting date for work (discussed in earlier blog posts) largely boil down in practice to the issue of the employer’s obligation to pay salary to such an employee.

This issue is basically resolved in its entirety by the applicable regulations.

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Posted on Categories employment contract

Can the place of performance of work agreed in the employment contract be changed through a modification order?

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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