Author: kjslegal

Lack of discipline as a reason for termination of the employment contract

The employer must indicate the reason justifying the dismissal in the statement terminating the employment contract with the employee. However, this only applies to contracts concluded for an indefinite period.

Lack of indication of the reason opens the employee’s way to bringing an appeal to the labor court. If the reason was indicated in the statement, sometimes there may be doubts as to its content, e.g. is the reason specific enough? Is the reason for termination fictitious? “Lack of employee discipline”. Is this wording correct?

To answer this question, first look at the personal files of the employee. This is where all information about the current employment history, prizes and penalties as well as other relevant annotations should be placed.

Let’s assume that in the employee’s personal file, there is an annotation of the employer that the employee was late for work twice – 25 minutes and 45 minutes, respectively. In such a situation, was the employer entitled to dismiss the employee, and as the reason write only “lack of work discipline”? In the light of current case-law, this question should be answered in the affirmative, because the reason for the dismissal was also due to other circumstances – i.e. the employee’s personal file.

Due to the fact that the documents supplementing the reason for termination are in the employee’s personal file, the employer is somehow exempted from describing in detail the reasons for terminating the employment contract in the declaration itself. In such a situation, it is assumed that the employee must have been aware of his previous reprehensible behavior, which led to termination of his employment relationship. Of course, it may happen that the employer only after the fact – for the proceedings before the labor court – will complete the personal file, e.g. documents testify that an employee has been warned or reprimanded.

However, such evidence can be challenged. The employer should prove the fact of not only posting but also receiving by the employee each reminder / reprimand.

KJS Legal law firm has extensive experience in conducting employee welding. We assist at every stage of the proceedings. Fighting unjustified termination of employment contracts is one of the most common cases in which we represent employees.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Labour Law in Poland

Securing alimony in a divorce case in Poland

In a divorce petition in Poland, a spouse may demand not only dissolution of the marriage and the award of maintenance, but also the so-called securing the claim for the duration of the proceedings.

Such support for maintenance (or e.g. contacts) is issued before the first hearing is scheduled in camera, without the parties participating. The main function of the security is the possibility of obtaining funds already during the proceedings, but before the judgment is issued by the Court.

Given the lengthiness of proceedings and the burden on family courts in Wrocław and other cities, the provision of child support offers many benefits. In addition to obtaining maintenance, it can also be an activity that disciplines an unreliable parent and leads to a settlement. In addition, the provision on security is an independent enforceable title, empowering to initiate enforcement proceedings.

As part of the security application, you must demonstrate a legal interest and substantiate the claim. Such an application shall be examined promptly, but no later than within one week of its receipt by the Court.

An advocate from KJS Legal helps in constructing an application for security, as well as advises in determining the correct amount of security. It is worth remembering that in the event of an unfavorable judgment or a lower amount of maintenance, there is an obligation to return enforced funds, hence the appropriate amount of security should be carefully selected.

This article also treats the subject more extensively.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Divorce in Poland

Will written under duress

The role of a lawyer in inheritance cases is sometimes to help verify that the will submitted in the course of inheritance proceedings is valid. This is important because the will is crucial to the rules of inheritance.

According to Article 945 of the Civil Code, a will is invalid if it was made:

in a state that precludes conscious or free decision-making and expression of will,
under the influence of a threat.
Courts of inheritance emphasize in their judgments the so-called will to testify, i.e. the will and consciousness to perform a legal act in the event of death, such as writing a will. The absence of the will to testify makes the will not exist at all. The testator-testator must include in his consciousness the fact of regulating the fate of his property for the time after his death.

The testator-testator’s drawing up of a will only to free himself from the intrusive requests of some person is, as a rule, judged to be an action without the will to testify. Thus, the act performed – the written will – will not be valid.

The testator-testator’s statement of intent is conscious if there was no disturbance of consciousness at the time of making the will, and the testator clearly and distinctly realizes that he is making a will with a certain content. The statement is free if the testator is not guided by intellectual motives or emotional motives of a morbid nature, is not under the dominant influence of anyone’s suggestion and retains an inner sense of freedom of action.

Therefore, if the will was written under duress, it should be considered invalid, and the person – who forced the testator to write such a will – will be excludable from the inheritance by declaring him unworthy of inheritance (Article 928 of the Civil Code).

The law firm KJS Legal represents clients in inheritance matters, starting with the proceedings for the declaration of inheritance, ending with the division of the inheritance and reporting the acquisition to the Tax Office. Given the complexity of inheritance cases, and especially when another participant is acting in the case with a lawyer, it is worth considering assistance from a professional.

We encourage you to contact directly our laywers specialized in inheritance cases:

Inheritance Lawyer Joanna Susło

KJS Legal Law Firm in Wrocław

https://inheritanceinpoland.com

Tel. 668-841-990

[email protected]

Advocate – Wrocław – KJS Legal – Lawyer