A civil law agreement may be legally signed with an employee only for a different type of work. Such agreement, however, must not have any features typical of the employment relationship.
Medical companies and operators of various healthcare facilities must remember that any treatment without a patient’s consent is unlawful. Any test or medical procedure carried out without it may expose doctors to criminal and disciplinary liabilities.
Employee health assessment is particularly difficult when workers return to work after a long absence. They cannot be permitted to work until they have a physician’s clearance.
Can employers ask their staff to work overtime everyday if there are periodic workforce shortages? If despite prior plans an employer is unable to organize work as required, can this fact justify recalling employees from holiday leave? Can an employer decide that all employees take leave at the same time and close the plant down for this period?
Healthcare facilities as data controllers must grant access to medical documentation in compliance with law. If such documentation is made available unlawfully, the responsible facility may face patients’ claims of violating their personal rights, criminal liability for violation of the Personal Data Protection Act and liability for breach of medical confidentiality.
If an employer starts granting bonuses without setting out any rules, he risks disputes with employees and gives rise to doubts as to whether to include such bonuses in the allowance calculation base.
Full-time employment means that employees must be given at least the minimum terms set out in the Labor Code. Some of these terms may be proportionally reduced in the case of part-time employment.
Whilst supporting the view that driving innovativeness is a step towards a more competitive economy, the Ministry of Economic Development is responding to proposals of innovative entrepreneurs and planning to create a start-up friendly ecosystem.
Contractors’ travel connected with performance of a contract is not a business travel within the meaning of the labor law but many labor law provisions may be applied by analogy.
If an employee is not successful during the term of a trial-period contract, another contract for the same position may be signed with that employee three years after the end of the trial period. This does not apply when a new trial-period contract is to concern work of a different type.
Start-up founders stand the greatest chance of shaping mutual relations and wording the articles of association at a time when they negotiate an start-up investment or cooperation with a venture fund or investor. They can then take their advantage to ensure the right to dividends when a project developed is commercialized.
An employee may not be permitted to work unless he produces a medical certificate stating that there are no contraindications for him to perform any of the duties he has performed so far. Otherwise, his boss must decide whether to dismiss or assign him a different range of duties.
If a parent works part time while receiving a maternity benefit, the benefit is proportionally lower but is paid out for a longer period. How to calculate it?
Some decisions of employers need only to be consulted with a body representing employees, but implementation of these decisions without such consultations may be invalid.
Before entrepreneurs pay a court fee and begin to draft an appeal, they must make sure that the ruling of the National Appeals Chamber they plan to appeal against is appealable in this procedure.
To accept a work created by a contractor under a civil law contract is not enough to acquire copyrights to that work. It is particularly important in firms whose business is based on creativity, such as advertising agencies or IT companies.
Women who gave birth to a child last year should be mindful of deadlines for submission of applications for another term of benefits
Not all personal data may be collected under Polish law in the course of recruitment. This limitation also applies to reviewing the criminal records of job applicants.
The long-awaited legal changes to permit the financial sector to vet job candidates have been scrapped. According to the “Morawiecki Plan”, the bill proposing 100 changes to the legal business environment, entities subject to financial supervision were to be allowed to ask candidates about their criminal records.
Under the law, employers acquire copyrights to works created by employees. However, such works are not always owned by the employer, and copyrights may in certain circumstances return to employees.
When an entrepreneur is convinced that a contracting entity has violated the law and is considering filing an appeal with the National Appeals Chamber, he or she must know what type of decision may be delivered.
Entrepreneurs losing a case before the National Appeals Chamber have one more option open to them: file an appeal with a court of law.