Solutions gradually being introduced to enable hiring in Poland of citizens of the Russian Federation, Ukraine and Belarus, as well as Georgia and Moldova, are helpful mainly for short-term employment.
In execution proceedings, debtors who receive pay for their work on the basis of a contract to perform a specific assignment or create a specific work are treated worse than debtors who are paid a salary on the basis of an employment contract.
A member of a company management board may be regarded as an employee within the meaning of Council Directive 92/85 EEC of 19 October 1992. Removal of a pregnant woman from the management board may thus be successfully challenged as discriminatory.
A new act implementing certain European Union provisions on equal treatment is awaiting signature by the President and will probably come into force as of the New Year.
An act amending the Labour Code and other laws comes into force from 1 January 2011, establishing a new public holiday on Epiphany (January 6).
Magdalena Świtajska from the Employment Law practice group at Wardyński & Partners explains the sanctions faced by employers for illegally hiring foreigners and by foreigners working illegally in Poland.