As of 1 January 2024, the value of the allowance for the Social Benefits Fund has been unfrozen, which means that the basis for calculating the basic allowance this year is the average monthly remuneration in the national economy in the second half of 2023. According to information published by the President of the Central Statistical Office on 16 February this year, the aforementioned average monthly remuneration amounted to PLN 6445.71. However, the amount of basic allowance per full-time employee is 37.5% of this amount, which is PLN 2417.14. In the case of employees performing work in special conditions (or work of a special nature), the basic allowance is 50% of the amount of the aforementioned average monthly remuneration. It should be noted that this year the amount of vacation pay for employees working for employers who do not create the Social Benefits Fund and who have chosen to pay such a benefit has also increased.
The President has signed an amendment to the so-called “Ukraine Special Act,” on the basis of which the temporary protection of Ukrainian citizens fleeing war has been extended until 30 June 2024. The above means that Ukrainian citizens covered by the regulation will continue to have legal residence in Poland and have free access to the labour market and the possibility to perform sole proprietorships. The validity periods of national visas and temporary permits issued to Ukrainian citizens will also be extended. This move is a (partial) implementation of the EU Council’s decision to extend temporary protection for Ukrainian refugees until 4 March 2025.
The Court of Justice of the European Union ruled in Case C-715/20 that a fixed-term employee must be informed of the reasons for the termination of their employment contract by notice if such information is given to an indefinite-term employee. The Court said that the temporary nature of the employment relationship alone does not justify less favourable treatment of fixed-term employees. Such differential treatment also violates the right to an effective remedy guaranteed by the Charter of Fundamental Rights of the European Union. As a reminder, as of April 26, 2023, the employer is required to indicate the reasons for the termination of both indefinite and fixed-term employment contracts. Therefore, the ruling in question may be relevant to cases initiated before the amendments to the Labour Code.
The Supreme Administrative Court, in a ruling on ref. III OSK 2700/22 ruled that an employer is entitled to store the personal data of candidates recruited for a job in order to protect itself from possible charges of discrimination. The statute of limitations for claims of violation of the principle of equal treatment in employment is up to three years from the end of the recruitment process. During this period, the employer must be able to prove that it treated all candidates equally and have the relevant documents to prove it. The ruling is precedent-setting, as it verifies the previous practice of the Data Protection Authority, which held that candidates’ data should be deleted after the recruitment process is completed.
Thank You
Your message has been sent.
Contact us