Employment Law in Poland

Key rules and regulations of Polish Employment Law.

1. Polish Labour Law

Polish labour law in its current shape is a result of over 25 years of market economy in Poland. After deep economical changes during the early 90’, it was clear that new legislative changes were necessary. Despite significant changes in labour law for least decades and noticeable closure in that issue to countries with similar socio-economical systems, there is still visible socialist heritage. It appears especially in very weak partnership between workers and representatives of the State or private employers who very seldom treat theirs employees as partners. This situation required consistent continuing the practice and legal tradition in that area, which can b

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ring expected development and labour awareness.

The supreme source of Polish Labour Law is Constitution of 1997. It contains general principles for whole polish legal system, which affected different branches of law. The most significant rules for the labour law set in Constitution are the freedom of creation and functioning of trade unions, and

Abusive Criticism Can Result in Termination of the Employment Contract in Germany

While it is of course permissible to criticise one’s employer, excessively abusive criticism can lead to termination of one’s employment contract. It can even potentially justify termination without notice.

While it may be permissible to direct objective criticism at one’s employer, crude insults, defamatory statements or abusive criticism might well give rise to termination of one’s employment contract under employment law. These instances could even conceivably result in termination without notice.

At least that was the decision of the Landesarbeitsgericht Hamm (Regional Labour Court of Hamm) in its ruling of October 10, 2012 (Az.: 3 Sa 644/12). In that case, an apprentice had referred to its employer, among other things, as a “slave-driver & exploiter” (“Menschenschinder & Ausbeuter”) on social networks. The firm, which normally employed less than ten workers, subsequently dismissed t

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he apprentice without notice. The latter then brought a legal action against the dismissal.

The apprentice did not consider the dismissal to be justified, claiming that he had not mentioned the firm by name and that his remarks were meant to be exaggerated and funny.

The Zone of Special Danger Doctrine and the Defense Base Act

The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers’ Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?

Nearly every workers’ compensation law across the globe operates on one core concept, namely, that injuries caused by virtue of a worker’s employment are compensable, and injuries unrelated to employment are not. Although appearing straightforward, this dichotomous rule has been the subject of countless lawsuits stemming back to the very beginning of workers’ compensation law. With the advent of time and the natural laws of probability, it seems that every conceivable injury has been addressed in relation to this rule. Lighting strikes, heart attacks, car accidents, choking on fish heads, autoerotic asphyxiation, grocery shopping deaths, and faulty face creams have all been addressed at one time or another in relation to the Zone of Special Danger Doctrine. This article examines the increased compensability of claims brought by injured workers under the Defense Base Act through application of the Zone of Special Danger Doctrine.

The Zone of Special Danger Doctrine is a

Dismissal Without Notice Valid Due to Forged Sick Note in Germany

If an employee submits a forged doctor’s certificate for sick leave (Arbeitsunfähigkeitsbescheinigung), this may result in dismissal with immediate effect.

Employment law provides that an employment contract can be terminated without notice if the employee breaches his obligations to such an extent that it would no longer be reasonable for the employer to have to continue the employment relationship even until the next possible termination date under the ordinary rules for dismissal. Submitting a forged doctor’s certificate for sick leave can constitute a sufficiently serious breach of duty. That was the decision of the Landesarbeitsgericht Hessen (Regional Labour Court of Hesse) in its judgment of March 23, 2015 (Az.: 16 Sa 646/14).

In the case in question, an employee of many years’ standing took several days’ unpaid absence from her w

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ork without providing any formal justification. After she was approached about the failure to furnish any certificates, she submitted manipulated doctor’s certificates stating that one of her children had been sick and she therefore had to stay at home. However, the paediatrician specified indicated that he had not had any contact with the woman or

Does Workers Compensation Pay for a Remote Employees Injury

With the advance in technology, many individuals are able to work for employers completely or partially on a remote basis. They can often stay just as engaged in the workplace with phones, computers and other technological aids. This working relationship complicates questions of liability, such as determining whether workers’ compensation will pay for the injuries sustained by an employee.

Telecommuting Option

Many employees now telecommute at least part of the time. This arrangement allows the employee to work from home or another location rather than being at the physical workplace. This helps employees by allowing them to handle an emergency situation such as a sick child and gives them greater flexibility to arrange their schedule. Employers often benefit by increased morale and lower operating costs.

Workers’ Compensation

Most workers’ compensation insurance policies are based on state laws. Different states have different parameters regarding mandatory coverage. For example, some states require that employers who have one employee to maintain workers’ compensation coverage. Other states set the minimum number of employees higher, such as five or fifteen. Whether workers’ compensation will cover a particular injury depends on the particular workers’ compensation policies and relevant caselaw in that jurisdiction.

For example, a state may indicate that an

Multi Million Dollar Whistleblower Settlement

A New Jersey whistleblower formerly employed by the J-M Manufacturing Company, the leading supplier of PVC pipes in the United States and Canada, is in line to receive over six million dollars from a settlement reached in negotiations with J-M’s parent company, Formosa Plastics Corporation, USA (FPC-USA). The case alleges that the company knowingly supplied sub-standard piping to over 80 plaintiffs in California, Massachusetts, Nevada, and Virginia

FPC-USA paid a total of $22.5 million for violations stemming from their role in supplying the resin used in the manufacturing of the PVC pipes. A proposal for settlement allocation is due to be decided on this month by Los Angeles District Court Judge, George Wu, and if proceeds as expected, the New Jersey engineer formerly employed by J-M Manufacturing will receive approximately 28% of each plaintiff’s award for an estimated total of $6.29 million.

The lawsuit was originally filed in February, 2010, after John Hendrix came forward to report J-M Manufacturing for consciously manufacturing and distributing PVC piping that did not meet industry standards for strength and durability. J-M Manufacturing allegedly made the PVC piping with resin supplied by FPC-USA after the company switched to a lower grade resin. Both companies were accused

Avoid these Mistakes when Reporting a Work Related Injury

If you were hurt in a workplace accident or have recently been diagnosed with an occupational illness or injury, the actions you take during the first few days will set the tone for the rest of your claim.

This can make or break your chances of recovering the compensation you need to provide for yourself and your family, so it is important to use this time wisely. Below are some of the more common mistakes you should avoid when reporting a work-related injury or illness.

Keeping it a Secret

Many people feel reluctant to report a work-related injury to their supervisor. They may be embarrassed or worry that they will lose their job. They may think that the injury is not that serious and that they can work through the pain. However, failing to report the incident immediately can come back to haunt you later on if your injury does not improve on its own. Furthermore, Maryland Workers’ Compensation law has strict time limitations for reporting work-related injuries and filing a claim. The sooner you take this first step, the better your chances of getting benefits will be.

Not Getting Prompt Medical Attention

It is important to see a doctor as soon as possible

Effective Termination Often Preceded by Final Warning

In many cases, it is necessary for an employer to issue the employee in question with a final warning before the former can effectively give notice of dismissal. In the absence of a formal warning, the dismissal may be invalid.

Employment law provides that employers can announce termination without notice for good cause. One possible example of good cause is a breach of the relationship of trust, with the result that it would no longer be reasonable for the employer to have to continue employing the worker in question. In many instances, it is also necessary to issue a written final warning before giving notice of dismissal, as confirmed by a judgment of the Arbeitsgericht Berlin (Labour Court of Berlin) (Az.: 28 Ca 4045/14).

Employees frequently use their work computers to privately surf the Web. Many employers tolerate this as long as it remains within reasonable limits. Having said that, it is possible fo

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r private surfing to assume proportions that are no longer acceptable from the perspective of the employer. However, in response to this, the employer must first issue a formal warning before it

LAG Düsseldorf on the Conditions for Termination without Notice in Germany

Employment contracts can be terminated without notice for good cause. Whether a serious cause justifies termination is ultimately decided on a case-by-case basis.

Employment law provides that an employer can announce termination of an employment contract without notice if it has good cause for doing so. A good cause must, however, be of such significance that it would no longer be reasonable for the employer to have to continue the employment relationship. This leaves considerable room for interpretation. For employers, this means drafting employment contracts in as much detail as possible, as termination without notice may be ineffective in the absence of appropriate provisions.

This was demonstrated in a case that was decided by the Landesarbeitsgericht Düsseldorf (Regional Labour Court of Düsseldorf) on September 16, 2015. An employee had ma

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de repeated use of the company telephone in order to take part in a radio contest, with each call costing 50 cents. While the employee was permitted to make use of the company’s telephone system even to make private calls, calls to special rate numbers had not been expressly allowed or banned.

The company confronted the employee

Does the Little Guy Really Stand a Chance Against a Corporate Giant

Facing off against an employer, or a former employer, over a potentially unlawful issue can be a scary prospect. Companies may already have legal teams in place, and they may already have strategies for quickly shutting down worker lawsuits. And, of course, they may have deep pockets, which can seem like a powerful advantage during a legal fight.

The sole employee may feel as though he or she is in a vulnerable position.

However, a recent case shows that justice is not only worth fighting for, but it’s also possible to achieve—even against corporate behemoths.

Let’s take a look at how one worker recently won a massive victory against a big-box retailer.


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about Safety

A woman worked for a big box retailer as a pharmacist for 13 years and had a history of positive performance reviews.

The pharmacy in the store where she worked was extremely busy, especially during the summer months. In July 2011, she received a reprimand for not completing certain tasks before leaving work.

Not long after that, the woman began raising concerns that the pharmacy was understaffed and that some employees had not been adequately trained. She

Trucking Industry More Dangerous than Others

It is hardly surprising that an office worker is less likely to be injured on the job than a police officer. Statistics from the U.S. Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) and Survey of Occupational Injuries and Illnesses (SOII) show, however, that when it comes to the most dangerous jobs of all – those that present a very real, very tangible risk of death – truck drivers are among those who are most at-risk.

Truck drivers are also at an increased risk of suffering non-life-threatening injuries due to the unique demands of their job. In particular, truck drivers are vulnerable to back strains, sprains and other accidents – such as falls – when loading and unloading their cargo. Crushing injuries can be sustained when cargo is improperly loaded, and some truck drivers can even be injured while entering or exiting their cab.

Moreover, a workers’ compensation claim by a truck driver who is not an independent contractor is often complicated when their injury is suffered in a state other than the state in which they were hired. That is why, when a truck driver has become injured on the job, it is imperative that the nature

The Digital Death Knell of Court Reporting

Technology has changed the world for the general populace, and now it has threatened to change the landscape of legal practice.

With the age of technology comes new challenges for an old system that has, with some exceptions, of course, proven tried and true. Along the way, many paper-based professions are starting to become digital. This includes attorneys as well as the court system.

With the introduction of online case management programs, it has become increasingly easy to keep digital records of client files. Many firms now keep minimal, if any, client files on paper. Incoming and outgoing mail is scanned, and paper copies are shredded. Correspondence between attorneys is primarily done via e-mail.

The court system too has also been digitalized. Most filing is done electronically, especially in the federal court system.

But now, the digital age is expanding to affect court reporters. This means that instead of a court reporter taking down what is said during a trial or hearing, the court will install microphones and recording equipment to the stands and jury boxes to have the hearings recorded. A transcriber who was not present in the courtroom will then process the recordings after the fact.

In Massachusetts, these systems are already

What Types of Compensation Can I Receive in a Workers Compensation Case

Workers’ compensation provides monetary and other benefits to workers who sustain work-related injuries or who develop illnesses because of their work. The availability f benefits depends on the nature of the illness or injury and state laws that govern workers’ compensation benefits.

Medical Benefits

Injured employees usually seek medical treatment. Treatment necessary to identify and treat the illness or injury is usually provided under workers’ compensation insurance. This may be from their primary care physician or a doctor selected by the employer, according to the workers’ compensation program rules. Such treatment continues until the employee has fully recovered or until the doctor believes that you have improved as much as you are able to improve.

Medical benefits usually include those expenses for doctor visits, surgeries and prescription medication. Assistive devices such as wheelchairs may also be covered. However, only generally acceptable medical practices are covered, and experimental therapies are not usually covered.

Wage Replacement

The primary benefit provided by workers’ compensation insurance is wage replacement income. The amount of benefits is usually determined by a state formula. Often, the amount of benefits is two-thirds the amount of the employee’s normal rate. The length and amount of benefits

When Can My Employer Deny Workers Compensation

Workers’ compensation provides a system in which a person who is injured on the job can receive compensation for such injuries without having to sue his or her employer. However, not all claims are approved, leaving the worker injured and uncompensated.

Workers’ Compensation Process

When a person suffers a job while performing job-related tasks, he or she typically files a claim. The employer then conducts an investigation before it agrees to pay out benefits. Not every claim is valid or compensable. An employer who believes that the claim is not valid or compensable may deny the claim. There are a number of defenses that an employer may raise.

Not Covered by Insurance

Workers’ compensation does not necessarily cover every worker. Independent contractors are commonly exempted from coverage. Certain executives, domestic employees, agricultural workers or individuals covered under different policies may also be exempted from coverage. While this may not mean that the employer is not legally responsible for injuries, it may be adequate grounds to deny the workers’ compensation claim.

Failure to Provide Notice

Injured workers must provide notice to their employer when they suffer a work-related injury or develop an illness related to work. State laws establish a deadline by which the employee must

A Little Revolution in Labor Law

This article discusses reform of the French labor code, proposals to create a new collective bargaining panorama for many occupational fields, the creation of a “personal activity account” for employee benefits and the negotiation of a new unemployment insurance agreement.


According to most political powers and to the public opinion, the Labor code (which runs to over 3.8 thousand pages) has to be simplified. Now the prime minister has announced a new labor code for 2018.

The reform foreseen as of today aims at giving priority to social dialogue and collective bargaining agreements to set rules on the following subjects:

- Working hours
- Wages
- Working conditions

The main idea is to limit the content of the Labor Code to fundamental rights and default rules which will only apply in the absence of a collective bargaining agreement.

The first tier of the new code

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will guarantee fundamental principles, the second tier deal with the areas open to negotiation, and the third one would cover the provisions applicable where there is no collective agreement. Rules of principles, such as the 35-hours working week,

Thousands of FLSA Lawsuits Filed by Workers for Unpaid Overtime and Other Labor Laws Violations

The Fair Labor Standards Act was passed by Congress to protect the rights of workers and ensure that they receive fair compensation from their employers. When companies fail to properly compensate their employees for their overtime work, they can be held accountable in court. In recent years, numerous FLSA unpaid overtime lawsuits have been filed by workers. A total of 7,964 FLSA lawsuits were filed in 2014, a 3.32% increase from the 7,708 cases that were filed during the previous year.

The Fair Labor Standards Act of 1938 (FLSA) is a law passed by Congress to protect the rights of workers and ensure that they receive fair compensation from their employers. Under the FLSA, all non-exempt employees must be paid time-and-a-half for any overtime hours they worked above the normal 40 hour work week.

When employers fail to properly compensate workers for their overtime hours, they could be held accountable for these actions in a court of law. Numerous FLSA lawsuits have been filed against U.S. companies for their failure to adhere to federal overtime laws or for committing other employment violations.

In October 2015, a former employee at an Internet-based learning

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Proposed Amendment to Legislation Setting up the Industrial Tribunal in Malta

The Maltese Government has recently requested the Attorney General to consult the social partners within the Malta Council for Economic and Social Development (MCESD), and prepare legal amendments aimed at strengthening the guarantees of independence and impartiality of the Industrial Tribunal.

On the 12th February 2016, the Constitutional Court upheld a ruling, which had been given last year in the First Hall Civil Court, in its constitutional jurisdiction. According to the said ruling confirmed by the Constitutional Court, the Law establishing the Industrial Tribunal is unconstitutional since this Law does not guarantee impartiality and independence and also includes several provisions in breach of the right to a fair hearing.

The Attorney General challenged the above-mentioned ruling. However, as mentioned, his appeal was rejected by the Constitutional Court, who confirmed the ruling by the First Hall Civil Court in its constitutional jurisdiction.

, it is interesting to note that the case goes back to 2008, when the General Workers Union (GWU) had filed two cases against the Attorney General in the First Hall Civil Court in its constitutional jurisdiction.

The GWU argued that the Industrial Tribunal’s chairman was “biased” towards one party in the legal proceedings, especially with respect to cases involving a State

LAG Berlin Brandenburg Dismissal Without Notice for Good Cause

According to a ruling of the LAG Berlin-Brandenburg (Regional Labour Court of Berlin-Brandenburg), an employer can terminate an employment contract without notice if it has good cause to do so (Az.: 17 Sa 810/15).

Employment law stipulates that termination of an employment contract without notice is possible if the employee is accused of having grossly violated his duties and it would no longer be reasonable to expect the employer to have to continue employing the worker until the next termination date under the ordinary rules for dismissal. The matter of when a breach of duty is sufficiently serious such that continuing the employment relationship becomes unreasonable is often contentious. It might have been enough for the employer to have issued a formal written warning or notice of ordinary termination (i.e. termination with notice).

The Landesarbeitsgericht Berlin-Brandenburg found itself h

aving to grapple with this issue. In the case in question, an employee of a security firm was tasked with supervising the exit to the production area of a mint. As a security guard, he was responsible for screening people at a turnstile equipped with a random generator. If the turnstile became locked by the random generator, the workers were then searched by

Philadelphia Gets Tougher on Discrimination in Hiring What It Means To You

New legislations strengthens restrictions on background checks.

People looking for work in Philadelphia recently got a little more protection from discrimination in hiring.

The Mayor of Philadelphia just signed an amendment to the “Ban the Box” law. The original law was intended to prohibit employers in Philadelphia from forcing job applicants to disclose criminal backgrounds on job applications or during a first interview.

The amendment makes several clarifications to the original law, including when and how employers may inquire about criminal backgrounds.

The intent of the law is admirable. As the mayor stated: “By expanding the original scope of the Ordinance and putting in place checks that encourage employers to consider the wh

ole person and the gravity of the offense, we can better support returning citizens and their transition back into the working world.”
Unfortunately, there will always be those employers who thwart the law – knowingly or unknowingly – so it’s important for job applicants to be aware of their rights.

Inquiries After Offers

The amendment pertains to the Philadelphia Fair Criminal Screening Standards Ordinance, also known as Ban the Box. The “box” refers to the checkbox that often appears on job applications, referring to the applicants’ criminal history.

The changes to the law take

Which Employers Have to Have Workers Comp

Workers’ compensation is an insurance product that provides monetary compensation and paid medical benefits to workers who are injured within the scope of their work. Workers’ compensation laws are primarily based on state law. State law governs how the workers’ compensation process works and which employers are required to have insurance.

General Requirements

Most states require employers to purchase workers’ compensation insurance for the benefit of their employees. This is usually completed by purchasing a workers’ compensation policy from a workers’ compensation insurance carrier. However, some states allow employers to self-insure so long as they have adequate financial resources to do so.


Each state sets up its own rules regarding whether an employer is required by law to have workers’ compensation insurance. If an employer is exempt, it does not technically have to carry this insurance. However, it often can if it chooses to do so. A company does not escape liability for a work-related accident simply because it doesn’t have insurance. Instead, an injured employee may pursue compensation from the employer by filing a lawsuit against the employer. Exemptions may apply for:

Employers with a Limited Number of Employees

While some states require every employer to maintain workers’ compensation insurance even if they