Telework
The polish parliament introduced into the labor code new regulation of telework, i.e., Work performed through various telecommunication devices at a location other than the employer’s establishment (usually, at home). Thereunder, employers will be obligated, inter alia, to introduce rules of telework in agreement concluded with trade unions or in regulations issued following their consultation with employees’ representatives, to accord "teleworkers" the same protections as those available to "regular" employees. It will be also the employer’s obligation to furnish the employees with the related equipment and to install, maintain and insure the same at the employer’s own cost. The new regulation also prohibits termination of employment based on an employee's refusal to perform telework, and authorizes employees to request that a part or all of their services will be provided via telework. The new regulation will enter into force following the president’s acceptance.
Consultations on termination with trade unions
The supreme court issued recently a number of practical guidelines concerning consultations with trade unions of contemplated termination of unionized workforce. Accordingly, an employee being a member of one trade union cannot be protected by another trade union. Secondly, the information about the employees who enjoy the protection of trade union given by this trade union should be drawn up as a list of employees by name. Thirdly, the employer must approach the local trade union for the list of protected employees only once – any subsequent changes in the contents of such list should be notified to the employer by the union at its own initiative (ii pk 305/06).
Discrimination in regard of seniority
In another ruling (i pk 242/06), the supreme court emphasized that an employer who applies an "unclear" remuneration system bears the burden of proving that the system is not discriminatory. In the quoted case, an employee sued her employer for increase of remuneration, by arguing that newly hired employees received higher remuneration. The employer argued that such new employees had higher qualifications than the plaintiff on the account of their earlier work with prior employers, had completed separate training courses or had an additional research experience. The supreme court found that a remuneration policy which, with respect to tenure, favored work performed for a number of prior employers over work for "own" company, was violative of the labor code.
Employment of management board members – non-eu member state citizens
Regulations on performance of work by foreigners entitled to work in poland without a work permit, were amended effective july 20, 2007. The changes liberalize the rules on work in poland by foreigners from outside the eu, holding functions on management boards of legal entities, who reside in poland on the basis of a work visa, provided the length of their stay in poland does not exceed three months within six consecutive months. The related changes also facilitate the hiring of citizens of states neighboring poland.
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