Posted on Categories litigation

Higher costs for reinstatement to work?

The costs of unlawfully dismissing an employee are already high. Reinstatement to work and the former employer’s obligation to pay an employee’s salary for the time when he/she was out of work or, alternatively, compensation, costs of a protracted court case before the labour court (in Poland the judgment in a court of first instance is issued approximately two years after the claim is filed) means that the employer’s defeat in a labour court may be particularly severe for the company (and its budget).

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Posted on Categories coronavirus

The Coronavirus has caused trouble with employee vacation leave

The pandemic caused by the SARS-CoV-2 virus and restrictions that it has evoked has brutally forced employees to review their vacation leave plans. On one hand this was caused, among others, by the closing of borders and mandatory quarantine while, on the other, by the sudden decrease in demand for labour in certain sectors. The availability of certain employees (even remotely) has become imperative for further business, whereas remaining employees have faced the perspective of dismissal or at least mandatory leave. It should be noted that entities conducting business in sectors listed in Shield 4.0 as paramount in securing proper functioning of the state and satisfaction of certain day-to-day needs (including the energy sector) have been statutorily obligated to refuse granting leave (not only vacation leave) or to reschedule/recall them. 

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Posted on Categories personal data

Is there an obligation to inform management board members?

In its paper published on 30 June 2020, the Data Protection Authority (“DPA”) expressed the view that the data of management board members representing a legal person are protected by the GDPR as the data of natural persons who are identifiable by using data disclosed in the National Court Register.

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