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New rules of remote work – amendment to the Labour Code

Szymura Monika

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2024

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z. 194

523--533

EN

Purpose: The impulse to write the article was the coming into force on 7 April 2023 of the amendment to the Labour Code, which introduced regulations regarding remote work. The possibility of an employee working remotely was provided for in Art. 3 of the Act of 2 March 2020, the act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases, and crisis situations caused by them (The Act, 2020, Item 1842). Due to the temporary nature of the above-mentioned regulation, it became necessary to statutorily regulate the principles of remote work. The new regulations undoubtedly constitute a challenge for employers and make the issue of remote work in labour law important and topical. Author presents the definition and types of remote work, as well critically evaluates new regulations. Design/methodology/approach: The deliberations are based on the related literature on the subject and an analysis of the legal provisions applicable in the area under discussion. Findings: The current structure of remote working is less restrictive. The amendment does not specify any conditions enabling the introduction of remote work. The current regulation allows for more flexibility than with teleworking, because remote work does not always have to be only work the effects of which can be sent via electronic communication. There are also some criticisms of the above, though. The new regulation is extensive, and numerous references to other articles make the provisions relatively illegible. The procedure for agreeing on remote work has been significantly formalised, and part of the risk associated with its performance has been transferred to the employee. Practical implications: Adjusting their business to the new legal requirements, entrepreneurs will need to implement far-reaching organisational changes. For this reason, knowledge about the remote work regulations has become increasingly important. Originality/value: The article raises the issue of remote work, which is important not only from the point of view of the employee but also from the entrepreneur’s perspective. The issues arising from this are the subject of only a few publications.

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The non-competition clause in labour law-implementation of the Directive 2019/1152

Szymura Monika

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2023

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z. 176

691--701

EN

Purpose: Issues related to the non-competition clause are the subject of numerous publications. The stimulus for creating this article was the coming into force on 26 April 2023 of the amendment to the Labour Code, aimed at implementing into the Polish legal order two European directives: Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, known as the Work-Life Balance Directive; and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. The Act brought a range of changes to the Labour Code, among others, with respect to the non-competition clause. The new regulations will undoubtedly be challenging for employers and bring the non-competition clause in the labour law once more to the forefront of discussion. Design/methodology/approach: The deliberations are based on the related subject literature and an analysis of the legal provisions applicable in the area under discussion. Findings: As a result of the implementation of Directive 2019/1152 to the Labour Code, Art. 261, under which an employer cannot prohibit an employee from having a concurrent employment relationship with another employer or a concurrent legal relationship that is a basis for providing work other than the employment relationship, nor can they subject an employee to unfavourable treatment because of this. This provision strengthens the freedom of employees in terms of accepting employment. Since the legislator did not introduce transitional measures regarding the application of said provision, it should be assumed that the ban on prohibiting of additional employment is applicable to employment relationships initiated after the changes came into force as well as those relationships initiated before 26 April 2023. If an agreement with a new employee is concluded after the date of this amendment, the employer will be obligated to conclude such an agreement in a different form to other agreements. Violation of Art. 261 of the Labour Code by the employer results in employer’s liability. If the employee is not bound by the employer to a non-competition agreement, provision of work by the employee for another employer does not have any negative consequences, and the employer cannot terminate the employment agreement for this reason. Practical implications: Entrepreneurs will need to implement far-reaching organisational changes in adjusting their businesses to the new legal requirements, and hence it is increasingly important that employers are knowledgeable about the non-competition clause. Originality/value: This article raises the issue of the non-competition clause, which is important from the prospective not only of the employee but also from that of the entrepreneur employer.

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Implementation of EU law into the polish consumer protection law, with particular emphasis on the omnibus directive

Szymura Monika

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2023

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z. 170

567--576

EN

Purpose: On 1 January 2023, provisions implementing the Omnibus Directive, along with the Digital Content and Safe of Goods Directives, came into force in Poland. The aim of the implementation is to adjust consumer protection in response to advancing digitisation and new business models. This article focuses on the changes introduced to consumer protection laws as a result of the amendment of 1 December 2022 implementing the Omnibus Directive into the Polish law. Design/methodology/approach: The deliberations are based on the related subject literature and an analysis of the legal provisions applicable in the area under discussion. Findings: With the implementation into the Polish legal order of the Directive 2019/2161, legislators introduced numerous changes in consumer law, including new obligations for the providers of online trading platforms, and rules for the provision of information about price reductions of goods and services. The main implication of the implementation of the Omnibus Directive is the change from physical and legal defects to compliance (or non-compliance) of the goods with the contracts, and the extension of the limitation period for consumer claims. Adjusting their business to the new legal requirements, entrepreneurs will need to implement far-reaching organisational changes, which paradoxically, from the consumer’s point of view, could lower the traditionally perceived level of protection. With respect to the legal aspects of some of the implemented provisions selected in this article, it should be concluded that the transposition of most of the solutions of the Omnibus Directive was carried out correctly, although certain inconsistencies could not be avoided. Practical implications: Adjusting their business to the new legal requirements, entrepreneurs will need to implement far-reaching organisational changes. For these reasons, the importance of knowledge about the consumer protection, has been increasing in value. Originality/value: The article raises the issue of consumer law, which is important not only from the point of view of the customer but also from the entrepreneur’s perspective.

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E-commerce and GDPR challenges for today’s entrepreneur

Szymura Monika

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

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2020

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z. 144

537--546

EN

Purpose: On 25.05.2018, Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) entered into force. This act established new obligations for controllers and other data processors, and their proper implementation can often be a challenge, especially in light of the system of criminal sanctions in cases of non-compliance. The goal of this article is to discuss challenges and consequences in the e-commerce sector related to the changes in personal data protection laws in the industry. Design/methodology/approach: The deliberations are based on the related subject literature and an analysis of the legal provisions applicable in the area under discussion. Findings: The main challenge faced by entrepreneurs is ensuring the safety of personal data at an appropriate level in relation to their potential breaches. This approach is based on technological neutrality and risk, and it results in the requirements to be met by entrepreneurs to become more flexible, and for the implemented protection measures to be relativized. Practical implications: The simplifications introduced by the GDPR are beneficial for small- and medium-sized entrepreneurs for whom data processing is their main activity. It is not required in small organizations, which generate lower costs. Originality/value: The publication discusses the issue from the perspective of the e-commerce industry, explaining in particular the new obligations of controllers, the principles of data processing, and the exercising of data subjects’ rights.