Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Mandatory Reinstatement for the Duration of the Trial

New Legislation Enacted

Authors: Miłosław Awedyk, Partner, and Michał Olejniczak, Associate – PCS | Littler

Two major amendments to the Code of Civil Procedure were adopted that address labor disputes. Specifically, where a court of first instance issues a judgment to reinstate an employee, the court is obliged to impose on the employer the obligation to continue to employ the employee until the final conclusion of the proceedings. The temporary reinstatement on employee’s request is mandatory. Moreover, the employee subject to special protection pursuing a claim for reinstatement is entitled to file a request for security in the form of temporary reinstatement. The request can be filed at the beginning (along with the lawsuit) or any time before the conclusion of the proceedings. With the granting of security, the employee remains employed by the employer until the proceedings are legally concluded.

Further, the court's approval of the request is mandatory unless the employee's claim is “obviously unfounded.” The employer may file a complaint against an order of temporary reinstatement, however, in practice, it can be difficult to demonstrate the employee’s request is obviously unfounded.

Employees Exempt from Court Fees

New Legislation Enacted

Authors: Miłosław Awedyk, Partner, and Michał Olejniczak, Associate – PCS | Littler

According to the amendment to the Act on Civil Court Costs, employees are, with minor exceptions, exempt from court fees in disputes against their employer. Employees are, as a rule, exempt from the fee for filing a lawsuit, and the appeal fee has been reduced to PLN 30.00. The employees are required to pay a relative fee of 5% only if the value of the subject of the dispute is greater than PLN 50,000. The relative fee is calculated only on the amount above PLN 50,000.

The changes that have been made make it very accessible for employees to litigate with their employers. A significant reduction of the obligation to pay fees is likely to increase the number of lawsuits brought by employees.

Supreme Court Cases on the Sunday Trading Ban

Precedential Decision by Judiciary or Regulatory Agency

Authors: Miłosław Awedyk, Partner, and Michał Olejniczak, Associate – PCS | Littler

The first cases regarding exceptions to the Sunday trading ban, which has been in effect since 2018, have come before the Supreme Court. Under the law, it is a criminal violation to direct employees to work on Sundays and holidays. The law provides for a number of exceptions to this rule, however, due to their ambiguity, numerous court cases have been initiated.

The Supreme Court has opted for a narrow interpretation of the law, so it can be expected that entrepreneurs will back off from conducting business in this way.