For the past few months, legislative work has primarily focused on COVID-19. However, the anti-crisis shield is not the only issue that employers should pay attention to in the near future. On the horizon there are changes concerning the posting of employees and potential changes with respect to 'mobbing' (ie, workplace bullying).
In a long-running dispute, well-known musician Małgorzata Ostrowska took legal action concerning the use of songs, for which she had written the lyrics, against Grzegorz Stróżniak, her former band colleague and the composer and co-author of the songs. As the dispute could not be settled amicably, Ostrowska turned to the courts for help and asked for the right to manage the disputed songs to be transferred to the collective management organisation for free, without the need to obtain Stróżniak's consent.
The COVID-19 pandemic has resulted in certain changes to Polish law which affect selected financial aspects of the employee ownership programmes implemented in Poland by foreign companies. The pertinent changes involve the local labour law regulations which govern salary deductions for the purpose of covering the subscription price of the financial instruments offered to local employees who participate in such programmes.
In response to the COVID-19 pandemic, the government introduced a package of measures known as the 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages, covering topics such as exemptions from social security contributions, downtime relief payments and reduced working time.
In response to the COVID-19 pandemic, the government introduced a package of measures – the so-called 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages covering topics such as exemptions from social security contributions, downtime relief payment and reduced working time.
A recent Supreme Court judgment explains the scope and methods of protection by entrepreneurs against the unauthorised disclosure of trade secrets by former employees. In addition, it distinguishes the possibility of a violation of someone's trade secrets by the same person, acting as an employee or unauthorised person, depending on whether said person has obtained information constituting a trade secret within or outside the employment relationship.
The National Labour Inspectorate (NLI) has announced its inspection plan for 2020, which includes undertaking 72,000 inspections. The NLI's inspection priorities include limiting violations of working time regulations and reducing the level of fraud in the conclusion of civil law contracts with regard to conditions which are specific to employment relationships.
The president and prime minister have announced a Zl212 billion package of measures – the so-called 'anti-crisis shield' – to protect businesses and employees against the adverse economic effects of the coronavirus pandemic. This article provides an overview of the proposed changes to labour law presented as part of the initial version of the anti-crisis shield.
Despite the fact that almost four years have passed since the Act of 10 June 2016 on the posting of workers as part of the provision of services entered into force, its application continues to be problematic for foreign employers posting workers to Poland, particularly in regard to keeping and storing records regarding a posted employee's working time. This article answers the key questions raised by the issue.
The year 2019 saw an abundance of labour law novelties, including amendments to the Code of Civil Procedure, the Act on Trade Unions and the Labour Code. To welcome 2020, this article summarises the biggest changes that employers and employees faced in 2019.
The National Labour Inspectorate (PIP) oversees the practice of foreign employers posting employees to Poland as part of the provision of services. PIP inspections show that many foreign employers are unaware of the obligations imposed on them by Polish law, which can lead to fines of Zl1,000 to Zl30,000. Thus, foreign employers posting employees to Poland must understand their obligations, particularly with regard to working time and health and safety issues.
The Act of 4 July 2019 – which amended the Code of Civil Procedure and other acts, including Poland's labour and social security law – has received significant attention. Among other things, these amendments have introduced pre-trial proceedings and permit the courts to order employers to continue to employ a worker until proceedings are concluded, not only if termination of employment is considered ineffective, but also when the worker has been reinstated in their job.
A number of significant changes to Polish labour law have been announced in recent months. This article examines these amendments in detail, including changes to the Labour Code, remuneration for vocational training and apprenticeships, an increase in the minimum wage rate, the abolition of limits on retirement and disability insurance contributions and changes to social benefit fund contributions.
The Supreme Court recently issued a notable judgment concerning the work of a deceased artist and the alleged infringement of his moral copyright. The decision underlines that it is difficult to limit the activities of people who have been gifted the work of an artist even after the artist's death, especially in the case of a close personal relationship between the artist and the beneficiaries.
The Constitutional Tribunal recently found that the information claim mechanism provided for in the Industrial Property Law does not comply with the Constitution. Following the tribunal's ruling, the scope of the legal mechanisms to obtain information to determine the scale of an IP infringement has been reduced. However, the decision also makes it possible to protect entrepreneurs from the unjustified and unnecessary disclosure of business secrets.
Andrzej Sapkowski, a well-known Polish writer and author of The Witcher fantasy saga, recently requested additional remuneration of at least Z60 million from CD Projekt for a video game based on his work. Following the game's worldwide success, Sapkowski claimed under Article 44 of the Copyright Act that the remuneration granted to him was too low relative to the benefits derived from the exploitation of his work.
The Copyright Law provides no legal definition of what constitutes an 'audiovisual work', which has resulted in problems regarding the remuneration of authors and the role of collective management organisations in this context. The practical issues concerning remuneration for the use of audiovisual works underline the need to amend the Copyright Law, as the existing legislative gaps cannot be resolved by case law alone.
The Polish legislature is in the process of implementing the EU Trade Secrets Directive. The new legislation is considered to be generally compliant with the directive and is likely to come into force on June 9 2018. While the legislature should be praised for its attempt to implement the directive on time, work appears to be progressing too quickly in order to discover and eliminate possible deficiencies and guarantee the directive's full implementation.
Social security contributions in Poland are significant, particularly in the case of highly paid managers. As a result, it is common practice for managers to perform their duties as self-employed persons under management contracts. A recent Supreme Court decision confirmed that management contracts can still be performed by self-employed managers and that such business activity constitutes a basis for social security insurance if the manager is not a management board member.
There is an urgent need to improve the collective management system in Poland. The recent proposed introduction of the extended collective licensing model offers a chance to solve the existing legal and practical problems, but any such change should be considered and consistent with the whole collective management system in order to avoid further complications and the creation of new weaknesses in the legal framework.