employment

Is an unpaid ban on competition after termination of a service agreement binding?

There is no legal regulation guaranteeing even minimal compensation for refraining from competitive activity after working under a non-employment contract, but such a ban may be found to be contrary to public policy.

The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer

To charge an employer with paying social insurance contributions on the income of its employees earned under non-employment contracts with a third party, it is not enough to determine that the effects of the work benefit the employer’s overall corporate group.

Reductions in employment in joint ventures by competitors

In today’s knowledge-based economy, consolidations of enterprises are common—sometimes even between competitors. Employment reductions are a natural part of any consolidation, but are a source of legal risks for merging competitors. Such risks are hard to eliminate, but does it have to end in stalemate?

Payroll documentation may be relevant many years later

Properly maintaining and storing payroll documentation may prove highly important even many years after an employee ceases working with the employer.

Can an employer require an employee to take a breathalyser test?

An employer cannot admit a drunk employee to work. But may the employer subject the employee to a breathalyser test? What other evidence can the employer use if the employee is fired and appeals to the labour court?

Legalisation of employment and stay of foreigners in Poland from 1 May 2014

Temporary stay up to 3 years, application for a stay permit up to the day before the visa expires, and a single permit for stay and work: These are just a few of the advantages introduced by the new Foreigners Act.