The anti-crisis shield in version 4.0 was adopted by the Sejm of the Republic of Poland. Now the Senate will take care of the project. The Act contains many changes regarding labor law, among others remote work, employee severance pay, care allowance, or use of overdue leave. Tomasz Czerkies, legal advisor at ADP, explains emerging doubts and answers the most important questions.
Shield 4.0 what is changing?
Can an employer send an employee on vacation without his consent?
The employer may grant the employee annual leave, within the period specified by him, also if he has unused vacation days from 2019 or earlier years. The unilateral decision of the employer may include a maximum of 30 days of leave.
Can the employer suspend the payment of social benefits?
As it results from the Act, if an entrepreneur during an epidemic or an emergency situation noted a decrease in economic turnover or a significant load on the remuneration fund, he may actually suspend the functioning of the Company Social Benefits Fund. Payment of holiday benefits or making a basic contribution to this Fund may also be suspended. However, if the amount of the write-off in a given company was higher than it resulted from the applicable provisions, then the amount of the write-off resulting from the Act is used.
–
New for children. Click and read!
Can the severance pay for those dismissed during a pandemic be reduced?
Unfortunately, as is clear from the provisions of the Act, during the epidemic or emergency situation the amount of severance pay, compensation or other cash benefits paid in connection with the termination of the employment contract may indeed be lower if the employer has a drop in turnover or a significant increase in the payroll fund. It is worth noting that the definitions of a decrease in turnover or a significant increase in the remuneration fund burden are also set out in the Act.
–
When can an employer order remote work?
In the light of the new law, the employer may send an employee to the so-called home office, if the type of work allows it and if the employee has such technical skills and abilities. In addition, he must have adequate conditions at the place where the work is to be performed. However, it is worth remembering that from a remote work we can also be called back to the office.
–
Worth knowing, click!
Can an employee use private equipment for work?
Is he entitled to compensation for this?
In the home office, we can use private equipment if it protects confidential information. In addition, the employer may instruct employees to keep a “journal” of activities performed, which will include a description of the duties performed, as well as the date and time of their performance. The new rules indicate that the employer must provide the employee with work equipment. It is not clear, however, whether and on what terms we can claim compensation for the use of private computers. These rules should be regulated directly by the employer.
–
Who reads, does not err – click!
What about care allowance?
Additional care allowance will be paid until June 28 this year. Parents who do not decide to send their child to a nursery, kindergarten or school, even though these institutions already accept children, are also entitled to it.
–
Tomasz Czerkies from ADP Polska as a legal advisor deals with the preparation of expertise, preparation of legal opinions, representing the company in dealing with state authorities as well as clients and identifying legal changes. On a daily basis, he specializes in issues of labor law, civil law, tax law, personal data protection and social security, as well as issues related to employment and relations between the employer and employee.
Do you want to be quickly and well informed about money: earning, saving, spending, investing? We provide quick information, analysis and expert advice. Click this text and like us on Facebook! Then you will find all news and advice worthy of your attention on your timeline without unnecessary search. Really worth!
–
Who reads, does not err – click!
Video
–
