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
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
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
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.
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
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
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
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.
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
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
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
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
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
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
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
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.
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
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
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