Fixed-term agreements to be limited
In a ruling issued in June 2014 the Supreme Court determined that lengthy fixed-term contracts (in that case 7 years) should only be used in exceptional circumstances. At the same time an amendment to the Polish Labour Code is being considered, which would introduce a maximum limit for fixed-term agreements. The proposed limits range from 18 months to 4 years.
Limits to ‘non-compete’ agreements
The Supreme Court has overruled an employer who claimed that an employee had violated a non-compete agreement by working for another company operating in the same industry at the same time. The Court ruled that the second employer was not a ‘competitor’ as the first employer had orally allowed the employees to work for such companies, provided that they operate outside the first employer’s ‘geographic area of operations’.
Dismissal criteria to be specified in termination notice
According to the Supreme Court, in cases where a reduction in workforce affects only one of a number of identical jobs, the employer must provide the selection criteria for dismissal in the termination notice given to employees.
Fixed-term agreements – Supreme Court Judgement 5 June 2014 (I PK 308/13)
Non-compete – Supreme Court Judgement 6 February 2014 (I PK 179/13)
Dismissal criteria – Supreme Court Judgement 10 September 2013 (I PK 61/13)
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.
Circular 230 disclosure
To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.