A recent judgment of the Supreme Court (of 7 April 2010; II PK 342/09) allows the employer to sue a union activist to establish his/her rights, for example whether the number of hours claimed for union work is substantiated by the number of members. In such a suit the number of union members is subject to verification by the court.
The judgment is currently known from the press only. Under Polish law, courts are not legally obligated to follow Supreme Court judgments.
Employers who post employees abroad should check which terms of employment they should provide to them at the level required by the law of the country of posting. They should make sure whether, under the new Regulation No. 593/2008 on the Law Applicable to Contractual Obligations ("Rome I"), which came into force on 17 December
Since 1 January 2010, employees have the right to additional maternity leave. It may be used either by the mother or - in certain situations - by the father. In 2010 and 2011 the additional leave for mothers amounts to 2 weeks in the case of single births and 3 weeks in the case of multiple births. For fathers it is 1 week. The employee should apply for this leave at least 7 days in advance. An employee using this leave has the right to work during the leave, however, at no more than half-time.
As of 24 January 2010 employers who conducted collective redundancies will not be restricted in the use of temporary work. However, it is still not allowed to use temporary work in the positions from which employees were dismissed for economic reasons. Also the company will be able to use a temporary worker for up to 18 months instead of 12 months.
Companies no longer have to consult the index of increase in average remuneration with the unions. This is the most important consequence of the abrogation of the Act on the Negotiating System for Determining the Increase in Average Remuneration at Companies as of 1 January 2010. Also, the Tripartite Commission (government, unions, employers' organizations) will no longer establish such an index at the national level. For the
Companies will be obliged to pay premiums for accident insurance for all civil contractors. Until 2010 these contributions did not have to be paid for contractors working outside the company's seat or outside the place where the company conducts business. This results from the amendment to the Act on the Social Security System coming into force as of 1 January 2010.