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Accident at work and dismissal

If an employee participates in an accident at work, such employee may receive sickness benefit (for a period of 182 days) and then a rehabilitation benefit (for a period of 3 months). If, after the end of the rehabilitation benefit, i.e. the first day after the expiry of 3 months from receiving this benefit, the … Continue reading Blog

Deadline for termination due to employee’s fault?

In accordance with art. 52 § 2 of the Labor Code in Poland, termination of the employment contract without notice due to the fault of the employee may not take place after 1 month from the employer being aware of the circumstances justifying the termination of the contract. According to the cited provision, the employer … Continue reading Blog

Wedding in England and divorce in Poland – is it possible?

The basis for a divorce decree by a Polish court is art. 3 clause 1 letter b) of Council Regulation (EC) No 2201/2003 of 27 November 2003 regarding jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000, pursuant to which “In matters … Continue reading Blog

Travelers’ claims in the event of a wasted vacation

In the light of art. 50 of the Act on tourist events and related tourist services in Poland, the traveler is entitled to a price reduction for each period during which a tourist event is found to be inconsistent with the contract, unless it was caused by the sole act or omission of the traveler … Continue reading Blog

Oral termination of employment contract

In practice, there are many cases where the employer first terminates the employment contract in writing, and a few days later – in the second letter, gives the reason for the notice. Is this way of terminating the employment contract? From the literal wording of the provision of art. 30 § 4 of the Labor … Continue reading Blog

Extension of detention on remand

In accordance with art. 263 of the Code of Criminal Procedure (CCP), in preparatory proceedings the court, using pre-trial detention, means its term for a period of no more than 3 months. Extending the use of pre-trial detention for a longer period is possible if such necessity arises in connection with activities aimed at establishing … Continue reading Blog

What is a loyalty clause to the employer?

The clause regarding the employee’s obligation to maintain confidentiality as to information obtained in connection with employment is in colloquial language the so-called “lojalka.” It results from art. 100 § 2 point 4 of the Labor Code, according to which “an employee is obliged in particular to care for the good of the workplace, protect … Continue reading Blog

Illness and dismissal of an employee

In accordance with art. 53 of the Polish Labor Code, the employer may terminate the employment contract without notice if the employee’s inability to work due to illness continues: longer than 3 months – if the employee has been employed for a given employer for less than 6 months, longer than the total period of … Continue reading Blog

Divorce and separation in Poland

According to the Polish Family and Guardianship Code, if one of the spouses demands a separation decision and the other divorce decree and the request is justified, the court decides to divorce. However, if the divorce decree is not admissible and the claim for separation is justified, the court decides to separate. According to current … Continue reading Blog

Competitive activity against the employer

There is no definition of legal “competitive activity” in the Polish Labor Code, which is why the meaning of this concept is best sought in practice – ie court rulings. According to the judgment of the Supreme Court of September 12, 2008. (file reference number I PK 27/08), only the employee’s activity, which is actually … Continue reading Blog

How to count the notice period?

An employment contract in Poland can be terminated: 1) by agreement of the parties 2) by declaration of one of the parties with a notice period (so-called termination of the employment contract with notice) 3) by declaration of one of the parties without notice (termination of the employment contract without notice) 4) with the passage … Continue reading Blog

Parents’ disagreement over the child’s holiday and permission for the passport

In practice, there are many cases where, in the course of the ongoing divorce proceedings, one parent would like to take the child on vacation, but the other does not agree. What can you do in this situation? A parent who travels with the child alone should have with him / her permission for such … Continue reading Blog

Establishment of property separation with retrospective date

For important reasons, each of the spouses in Poland may request the court to establish property separation. Establishment by the Court of property separation may also be demanded by the creditor of one of the spouses, if it is probable that satisfaction of the claim established by an enforceable title requires the division of the … Continue reading Blog

Court order confirming acquisition of inheritance – can it be changed?

In practice, there are many cases where, several years after the death of the testator, his will was found – not disclosed in the course of the proceedings for confirmation of the acquisition of an inheritance. In such situations, the question arises: can the decision on the inheritance purchase be changed? Can a will finder … Continue reading Blog

Sick leave on notice

It happens that an employee who has received from the employer a declaration of termination of an employment contract would like to go on sick leave during the notice period. The question is, is such an employee “on sick leave” entitled to sick leave? Is going to L4 legal? Will it extend the notice period? … Continue reading Blog

Net or gross remuneration?

One of the most important elements of any employment contract is the correct determination of remuneration and its components. The Labor Code does not use the terms gross / net remuneration. These concepts have evolved into practice, while in a possible dispute between an employer and employee they should be considered “colloquial”. Our clients often … Continue reading Blog

Cumulative judgement and overall (total) sentence

A cumulative judgment in Poland is issued by the court ex officio or at the request of the convict or prosecutor. An application for a cumulative judgment is not subject to a court fee. The court competent to issue a cumulative judgment is the court that issued the last conviction or cumulative judgment at first … Continue reading Blog

Employee claims in the event of termination of the employment contract

In practice, there is no shortage of cases where the termination of employment contract received by the employee is unjustified or violates the provisions of labor law. In such situations, our lawyers draw up an appeal against such termination of the employment contract and represent employees in the labor court. In such a case, the … Continue reading Blog

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 … Continue reading Blog

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. … Continue reading Blog