13 October 2021 Monika Krzyszkowska-Dabrowska Employment and Incentives

Employment Practice: Newsletter Q3 / 2021

We present our Newsletter in a new layout, with an even more transparent and accessible form. The particularly important aspects that we have discussed in this issue are the subsequent changes to the proposed regulation on remote work, and the latest assumptions to the act implementing the so-called Whistleblower Directive, as well as the proposed new rules for testing employee sobriety:

  • New version of the provisions regulating remote work 
    The updated version of the amendment proposes, inter alia, the right of the parties to resign from performing remote work at any time; obligation to cover the costs of electricity and necessary access to telecommunications links for remote employees. The legislative works are still at an early stage. (page 10)
  • The Council of Ministers published the assumptions for the draft law implementing the EU Directive on whistleblowers
    The new provisions should be implemented by December 17, 2021. The obligation to introduce information systems on the breaches of law is to apply to entities employing at least 50 employees. It is not yet clear how much time companies will have to implement the requirements. The draft provides for a wider range of reported infringements than the Directive. (page 7)
  • Employee sobriety testing – draft of new regulations 
    The proposed solutions will enable employers to introduce preventive, random checks of employees for the presence of alcohol or drugs acting similarly in their bodies, in justified cases and on the basis of the provisions specified in the regulations. It will be necessary to introduce appropriate internal regulations by employers. (page 14)

Other relevant topics, interpretations and case law that we present:

Possibility of extending the term of office of statutory bodies of trade unions due to the COVID-19 epidemic.

  • Changed rules of the social insurance system.
  • Entry into force of the act on loan and assistance funds.
  • The penalty for hiring maintenance debtors without a contract is limited to persons registered in the National Register of Debtors – from December 1, 2021.
  • The minimum wage and the minimum hourly rate in 2022.
  • During the epidemic, PFR will summon the employing entity to conclude a contract for the management of the PPK through the ZUS information profile – from October 15, 2021.
  • The need to update whistleblowing procedures in institutions obliged to counteract money laundering – by October 31, 2021.
  • The uncertain fate of the project regarding the disclosure of information on COVID-19 vaccinations of employees.
  • Polish Order “Polski Ład” – the Senate will start work on the act on changes in employee taxes and contributions.
  • UODO [PDPO]: The employer should not obtain consent to the processing of personal data from the employee's family members in order to grant the employee benefits from the Company Social Benefits Fund.
  • PUODO [President of PDPO]: Responsibility of the employer for securing personal data carriers.
  • GIP: A leave of less than 14 days at the request of the employee is not an offense against his rights.
  • Supreme Court: Falsification of work time records as a serious violation of basic employee duties.
  • Supreme Court: Differentiation in the level of remuneration as a circumstance that does not violate the principle of equal treatment.
  • Supreme Court: Change in working conditions after the employee is taken over by a new workplace may violate the provisions of labour law.
  • Supreme Court: It is possible for the employer to request (and expect) the provision of other personal data when it is necessary to exercise a right or fulfil an obligation resulting from the law.
  • Likes on social networks cannot justify the dismissal of an employee, as recognized by the ECtHR.
  • In the opinion of the CJEU, the internal regulation of a company prohibiting the wearing of any visible symbols of political, philosophical, or religious beliefs in the workplace may not constitute direct discrimination and may be justified by the employer's willingness to pursue a policy of political, ideological, and religious neutrality towards clients or users.

Detailed descriptions of the issues above can be found in the Newsletter.

Have a good read.