Is the entire time spent on business travel treated as working time?

Employers whose employees travel on business often find it difficult to classify the time during which staff are outside their regular place of work. In accordance with Labor Code provisions, working time is defined as the time during which an employee is available for the employer at an establishment or any other location designated for work performance.

Read more: Labour Law Update

Revolution in the sick leave system

Starting December 1, 2018 doctors in Poland may issue medical certificates only in electronic format (on an e-ZLA form). Hardcopy certificates may be used in exceptional situations, such as no access to the internet or a home visit.

The changes are intended to eliminate unnecessary formalities and simplify circulation of medical certificates from the moment they are issued by a doctor until they are delivered to the Social Security Authority (ZUS) and the employer.

Read more: Labour Law Update

Amendments to trade union legislations

On January 1, 2019 amendments to the Trade Unions Act came into force. They are considered to be most far-reaching since 1991 when the Act was passed.

The amendments may result in trade unions starting operations at companies where they have not been active to date.

Read more: Labour Law Update

Cap on pension and disability insurance contributions remains in force

On November 14, 2018 the Constitutional Tribunal struck down a new law abolishing the limit on social security contributions.

Consequently, the limit remains the same and the annual base for calculating pension and disability insurance contributions may not be higher than the amount corresponding to 30 times the forecasted average remuneration in Poland for a given year. In 2018 the annual cap was PLN 133,290.00 (with the monthly cap of PLN 11,107.50). Employees who reach this limit do not have to pay any further social security contributions.

Read more: Labour Law Update

New rules | Payment of salaries

On January 1, 2019 rules for disbursement of remuneration to employees changed. The changes constitute part of legislation amendment related to employee records and their digitization. The rationale behind the amendment is the recognition that salaries of most employees are paid via money transfers and not in cash.

Read more: Labour Law Update

New rules | Employee record retention

New rules for retention of employee records came into force on January 1, 2019 and reduced mandatory retention periods resulted from this change. Employers need to retain employee records for 10 years from the end of the calendar year in which employment terminates or expires unless separate provisions provide for a longer retention period.

Read more: Labour Law Update

Companies’ obligations upon appointment of a Data Protection Officer

General Data Protection Regulation (GDPR) introduced a new institution – the Data Protection Officer (DPO), which replaced the current institution of the Information Protection Officer (IPO).

In contrast to the voluntary appointment of an IPO, appointment of a DPO is mandatory when the provisions of the GDPR so stipulate. All companies that are Personal Data Controllers or Processors, irrespective of whether they previously appointed an IPO, should carry out a test to check whether they need to appoint a DPO under GDPR regulations.

Read more: Labour Law Update

New rules for workplace monitoring

Following entry of the GDPR into force, the Polish Labor Code was amended in May by incorporating provisions giving employers clear guidance as to monitoring employees.  This addition is indeed welcome as it puts an end to uncertainties regarding legality of visual monitoring and its scope.

Read more: Labour Law Update

Background Checks in Financial Institutions – Liberalization of Rules

A bill on rules for obtaining information on clean criminal records of job candidates and employees of financial sector entities is making its way through the Polish Parliament. Once enacted, the law will legalize criminal background checks.

Read more: Labour Law Update

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