HRlaw.pl – Page 3 – Labour and employment law blog

15 December 202215 December 2022hiring foreigners

New law on the employment of foreigners – what significant changes does the draft introduce?

On 13 September 2022, a draft law on the employment of foreigners (list no: 400) appeared on the website of the Government Legislation Centre. It is primarily intended to be comprehensive legislation regulating key issues concerning the employment of foreigners, currently scattered across various laws and regulations. As indicated in the explanatory memorandum to the draft, it is also intended to streamline procedures and shorten waiting time for decisions. Apart from minor changes related, inter alia, to notification obligations on the part of the employer, introduction of one type of work permit for all employees delegated to Poland (currently divided into 3 types – C-E) or granting an obligatory nature to premise of refusal to issue a work permit in the case of employers in arrears with social insurance contributions or taxes, the draft introduces several significant changes that may have a real impact on the functioning of legalisation procedures in practice.

13 December 202216 December 2022personal data

Remote work vs. personal data processing

The upcoming amendment to the Labour Code on remote work is expected to comprehensively regulate a number of issues and relationships between employer and employee, significantly changing the existing legal landscape for performing work from home. The amendment also touches on issues of processing of personal data. Although work on the bill is still underway, it appears unlikely that the provisions discussed below will change significantly, so it is already worth taking a closer look at them.

7 December 20227 December 2022varia

Christmas and New Year’s Eve on-call duty

The Christmas and New Year period forces a change in work organisation in many companies. For many undertakings the turn of the year is a holiday period. This is particularly true for production plants, where starting up and maintaining full-scale production in this period is often economically insensible. However, reducing production does not mean that the machinery park can be left without any supervision. Some machinery and equipment, as well as processes, despite the temporary shutdown of production require, due to their technological characteristics, ongoing supervision, maintenance and, in the event of a breakdown, immediate remedial action.

To ensure that these tasks are carried out, employers often assign on-call duty time during the Christmas and New Year period.

25 November 202225 November 2022varia

Crisis management without lay-offs

Between the hammer and anvil: a forgotten institution in an employer’s crisis situation

The current socio-economic situation presents employers a huge challenge. On one hand, they confront inflationary increases that are necessary to retain employees. On the other hand, they struggle with rising prices and business costs. Depending on the industry, business instability and discrepancy between planned and actual profits are increasingly forcing businesses to conduct so-called collective redundancies. Is there an alternative for them to mitigate the effects of falling purchasing power and high business costs?