Employment law update – Poland
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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.
Resources
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)
For further information, or to discuss any of the issues raised, please contact Roch PaÅubicki on +48 61 856 04 14 at Soltysinski Kawecki & Szlezak – www.skslegal.pl
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