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Overtime compensation for part-time employees
On October 19, 2023, the Court of Justice of the European Union ruled in Case C-660/20, Lufthansa CityLine, that an employer cannot compensate part-time employees for overtime to the same extend as full-time employees. Currently, part-time employees in general receive overtime pay only after working eight hours. The CJEU’s ruling...
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Day off for a holiday falling on a Saturday in 2023
In general, holidays are non-working days. If a holiday falls on a Sunday, the employer is not obliged to ‘compensate’ employees with a day off. However, if a holiday falls on a Saturday, a day off from work has to be granted to employees within the current settlement period. Currently,...
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Remote work in EU Countries – new position of Polish Social Insurance Institution
In the recent months, employers and employees have faced difficulties in obtaining the A1 certificate when applying for remote work outside of Poland. The position of the Polish Social Insurance Institution (ZUS) was ambiguous, and the practice of individual departments varied significantly. This was due to the lack of regulations...
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Changes to the rules for calculating the allowance for the Company Social Benefit Fund
On 2 August 2023 the President signed an Act amending the Act on special solutions for the implementation of the Budget Act for 2023 and certain other acts. The Act will introduce changes regarding the amount of allocations and the conditions for the establishment of the Company Social Benefits Fund...
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Social security and remote work from abroad
On 1st of July 2023 the Polish Social Insurance Institution joined the Framework Agreement on the application of Article 16(1) of Regulation (EC) No 883/2004 in cases of ordinary cross-border telework. The main change from the perspective of the practice of labour law in Poland is the possibility to determine...
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Changes in the legalisation of residence and work of foreigners in Poland
We present the key issues concerning modifications in the employment of foreigners and the extension of the legal stay of Ukrainian citizens in Poland. The amendment of the Acts and the planned changes aim to adapt the Polish system to the standards in force in the European Union. Please note...
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Amendments to the Polish Labour Code
As of 26 April, 2023, the provisions of the Act of 9 March 2023 amending the Labour Code Act and certain other acts come into force, implementing two important EU directives: on transparent and predictable working conditions in the European Union; on work-life balance for parents and caregivers as well...
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Additional two days off for blood donors
We would like to inform you that two days off for blood donors are being permanently introduced into the legal system. This change in the Public Blood Service Act will certainly please donors. According to the new wording of Article 9(1)(1), merited honorary blood donors of both sexes are entitled...
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New regulations on remote working in Poland
In the Act of 1 December 2022 amending the Labour Code Act and certain other acts (Journal of Laws 2023, item 240), the legislator decided to supplement the Labour Code with regulations on remote working. These provisions enter into force on 7 April 2023. Hereafter we outline the most important...
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Changes to employee sobriety tests
We present the most important legal changes regarding employee sobriety checks. Possibility to introduce employee sobriety checks An employer may introduce sobriety checks for employees if it is necessary to ensure: the protection of the life and health of employees or other persons, the protection of property. Sobriety testing An...
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