Latest updates

Recent legislative changes: everything HR departments need to know
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 03 March 2021

Ongoing monitoring of the latest legislative changes is an essential part of HR departments' work. To help employers, this article highlights the most significant legislative changes so far in 2021, including with regard to blood donors being awarded an additional day off work, the extension of the additional carers' allowance and the National Labour Inspectorate's inspection plan for 2021.

What's new in employment law in 2021?
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 24 February 2021

This article presents a brief summary of the key changes that employers and employees will have to face in 2021, including with regard to the increase in the minimum wage, the obligation to notify contracts for specific work, remote working, COVID-19 vaccination and audits relating to use of anti-crisis shield instruments.

Overview of changes in employment law in 2020
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 17 February 2021

Without a doubt, the COVID-19 pandemic dominated 2020, affected the business world and forced employers to adapt to new conditions. The legislative work of 2020 focused mainly on counteracting the COVID-19 pandemic's impact by supporting employers and preserving jobs. This article presents a brief summary of the key changes that employers and employees had to face in the difficult year of 2020.

How is remote work regulated in Poland?
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 02 December 2020

During the COVID-19 pandemic many companies have decided to let their employees work from home. However, the issue of remote work is often problematic for Polish employers as it is not regulated in the Labour Code, which regulates only telework. The current regulations have not kept up with the changing circumstances and therefore pose difficulties regarding interpretation for employers. Employers should be careful and monitor both the situation and opinions presented by officials.

Sole acquisition of author's economic copyrights does not grant monopoly on use of work
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 26 October 2020

A recent disagreement over a logotype illustrates a common situation where acquirers of an author's economic copyrights are convinced that they have exclusive rights to all forms of use and modification of the work without the need to obtain the author's consent. However, the reality is that in addition to the transfer of an author's economic copyright, agreements should also cover the possibility of making changes and using the modified works.

Changes on the horizon regarding posting of employees and mobbing
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 02 September 2020

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).

Authors' right to prohibit performance of songs by former band singer and writer of lyrics
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 17 August 2020

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.

COVID-19 legislation's impact on employee programmes
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 22 July 2020

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.

Anti-crisis shield updates
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 15 July 2020

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.

COVID-19: anti-crisis shield updates
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 27 May 2020

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.

New approach to trade secret infringement by former employees
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 25 May 2020

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.

National Labour Inspectorate announces 2020 inspection plan
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 08 April 2020

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.

Anti-crisis shield in response to COVID-19: review of proposed changes
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 01 April 2020

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.

Temporary posting of employees to Poland continues to be problematic
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 26 February 2020

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.

Summary of 2019 labour law amendments
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 15 January 2020

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.

Posting employees to Poland as part of provision of services
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 18 December 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.

Amendments to Code of Civil Procedure
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 04 December 2019

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.

Recent labour law changes – an overview
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 23 October 2019

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.

Supreme Court judgment on copyright of deceased artist
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 21 October 2019

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.

Constitutional Tribunal deems information claim mechanism unconstitutional
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 18 February 2019

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.