“Bossware” under labour and data protection law
The proliferation of remote work, combined with the development of monitoring technologies, has led employers around the world to implement various, sometimes technologically advanced methods to check employees’ performance and commitment to their work. In this area, IT solutions and programs commonly called “bossware” are gaining popularity.
Remote work vs. personal data processing
The upcoming amendment to the Labour Code on remote work is expected to comprehensively regulate a number of issues and relationships between employer and employee, significantly changing the existing legal landscape for performing work from home. The amendment also touches on issues of processing of personal data. Although work on the bill is still underway, it appears unlikely that the provisions discussed below will change significantly, so it is already worth taking a closer look at them.
Remote work in a foreign country: A solution for everyone or only for the brave?
The popularity of remote work and its various forms, including digital nomadism, is not waning. Unconstrained by national borders or the nationality of employees, employers taking advantage of the global labour market must take into account a number of legal aspects not present in traditional employment. These involve not only issues of supervision of work performance or compensating employees for out-of-office costs, but above all, issues such as the law applicable to the employment relationship and legalisation of the employee’s work and residence in the country of work.
Vehicle forfeiture: A problem for employers?
On 7 February 2022, the Polish Sejm adopted an amendment to the Criminal Code introducing a controversial proposal for ordering the forfeiture of vehicles driven by intoxicated traffic offenders. Ordered by the criminal court, the change of ownership from the driver to the State Treasury is intended to help the justice system effectively combat road hogs and drunk drivers. The amendment is currently being considered by the Senate, which can still make changes. But it can already be predicted that rulings on vehicle forfeitures will face difficulties.
Hiring and working in Poland: Types of contracts
There is more than one way to hire a person in Poland, since Polish law offers a wide variety of types of contracts. There are significant differences between them, and the choice is not always risk-free.
Are you drafting a whistleblowing policy? Don’t forget about personal data
Work is underway on a bill implementing the EU’s Whistleblower Directive (2019/1937). It is not yet clear whether the directive will be implemented into Polish law on time (by 17 December 2021), but many companies are already drafting the necessary documents and organisational procedures.
Polish Whistleblowing Act: What should employers expect?
Protection of all categories of staff, including job candidates and former employees. A broad range of infringements subject to reporting. Protection of whistleblowers against all retaliatory measures, including defamation suits. A duty to establish internal whistleblowing procedures. These are just a few of the points included in the guidelines for the bill implementing the EU’s Whistleblower Directive.
Social insurance notification by a foreign undertaking of contracts for specific work
Whether a foreign undertaking should notify the Social Insurance Institution of contracts for specific work it has concluded is determined primarily by whether the undertaking has the status of a remitter of contributions within the meaning of Polish law.
News from Poland—Business & Law, episode 5: Proposed changes in labour law relating to remote work
In this episode we present a short summary of the general picture of the Polish economy and proposed changes in labour law relating to remote work.
The right to disconnect: Real relief for employees or just additional obligations for employers?
The digitalisation of work entails many benefits. In many professions work may be delivered from anyplace in the world, and in many industries talent can be sourced from all over the globe. For employers this is an opportunity for significant savings, and for employees it offers hope for a better work/life balance.
Clauses restricting competitive activity in agreements with game developers
A game is only as good as its creators. Therefore, it is in the interest of game development companies to keep their staff happy, so they don’t even think about switching to the competition. In addition, however, it is worth taking preventive measures, e.g. including clauses in contracts preventing the poaching of valuable employees and independent contractors.
Crunch before the release of a game. What does employment law say?
Nerves, feverish analysis, and refinement of details are typical crunch elements before a video game is released on the market. Crunch, a period of intense work, usually shortly before the launch of a game, involves long working days, nights and weekends in front of a computer, sometimes on tasks the worker has never performed before. Can the employer order the employee to work under such conditions, and must the employee comply?