1.  Introduction

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.

Legal Framework

·  The Constitution on of the Republic of Poland which defines general principles of freedom to work and social rights;

·  The law established by appropriate organs of the European Union in the scope of labour law;

·  International agreements concerning labour law issues;

·  LabourCode,

·  Acts and secondary legislation, defining the employees’ and employers’ rights and obligations;

2.  MainChallenges

·  the minimum salary (UE directive, how polish employers find the way to avoid it) Amendment to the Act of 10 October 2002, minimum hourly rate -value, The State Labour Inspectorate- entitlements, fines for employers for breaking the law,)

·  immigration problem (Primary reasons for the migration are economic. It has disproportionately affected young Poles, in their 20s and 30s.. Job seekers often represent not adequate skills or professional competence (related to the specific job on a certain posts) and connected with self-organisation. Many people in Poland earns inadequate to their qualifications. We will present a tipical salary in the first year of working and discousse it)

·  undeclared work (what is undeclared work, For whom it is beneficial, what are the consequences for employers and for employee, what is happening when the person who is working with no contract does not receive any salary, hiring illegal foreigners who do not have the required work permit)

·  dramatic example of overwork( basically focusing on doctor’s cases who died because of overwork, it was connected to implying EU directive that forbidden to work too much and because of the too less doctors in Poland people find the way to avoid this UE rules. I will present theInterview with my dad who is a doctor and knows the problem well)

·  dismissal of pregnant women (with cases) when the employer may terminate an employment contract without notice the fault of the employee, art. 177 of the Labour Code - meaning, Finding out about pregnancy after being dismissed - possibilities, protection for employees returning from maternity leave,

·  types of contract (In the 90s, contract work and part-time work was one of the factors that inhibit rapidly rising unemployment, especially among young people. For employers they were to be cheaper, and employees can thus gain the experience necessary for further exploration work in the form of time and the "standard" contract of employment.Young people addicted to parents. Junk Contracts do not provide a sense of security and stability to workers. They are aware that at any moment they can be fired. Undoubtedly, plagued by the need for frequent changes in hours of work, earnings volatility, lack of fixed holidays and financial security in case of illness.)

·  general safety (admission to work without preliminary medical examination, 3 types of preventive medical examinations, the judgment of the Supreme Court dated 10 May 2000 (ref. No. Act I PKN 642/99, OSNP 2001/20/619), art.229 Polish Labour Code- consequences for working without a valid medical certificate)

·  access to personal data (Many employers want to know if the applicant for a job had any criminal history before they make the hiring decision.In Poland, the employer’s access to the applicants’ criminal history is limited only to situations provided for in the Act on the National Criminal Register, which keeps the history of convictions.)

·  nepotism (problem in hiring relatives, cases when family connections are allowed and even desirable and when it is prohibited, main consequwnces for companies, European Commission report of 2013, Supreme Chamber of Control report from 2010,

right to vacation (The date of the employee’s vacation leave is usually determined much earlier, so that the employee knows when they can expect time off and the employer knows when they need to arrange for a replacement.

The starting day has come, the employee is absent from work, but I need him or her to help in an important business.Can I as an employer require the employee to break their leave and return to work? Can I order them to do so?)

·  mobbing (Proper understanding of what in fact is bullying and what behaviors may be recognized for its manifestation, however, is important. Therefore, the employees who have been injured as a result of bullying may claim from the employer various claims, including compensation for damage suffered and compensation for termination of employment because of bullying.)

·  my aunt case (if we will have enough time I will discousse my aunt case which is working for international medical company, the case is about punishment for alleged negligence).

Legal Literature:

Ministry of Infrastructure and Development website

wikipedia

Newsweek Poland

Sedlak&Sedlak wedges raport

www.leglobal.com

Noteworthy recent amendments to Polish labour law „Barbara Jóźwik”

Employment Law in Poland By Dudkowiak&Kopec Law Firm

Bilansu Kapitału Ludzkiego – najważniejsze wyzwania dla polskiego rynku pracy by PARP Polska