Changes in labor law and shifts in the labor market are presenting employers with new challenges. What are they? We asked labor law expert Dr. Krzysztof Walczak.
In the new year, the Brad Consulting team has decided to focus on expanding our knowledge and exchanging experiences with the very best in the field. As part of our new series, “Meeting with an Inspiring Person,” we host renowned, experienced individuals—in short, experts in their fields—at our office once a month. The guest speaker presents on a pre-selected topic, and then, during the discussion, answers questions and comments from the participants. Since our mission is to support the development of people and companies, we wouldn’t dream of keeping valuable information to ourselves.
In January, we had the pleasure of hosting Dr. Krzysztof Walczak, one of the leading experts in the field of labor law. The central theme of his lecture and the discussion that followed was: Revolutions and Evolutions in Employer-Employee Relations in the Context of Changes in Labor Law.
Here are a few facts and interesting tidbits:
1. Employees don't want to be employees
An increasing number of people, when establishing a relationship with an employer, are not interested in being an “employee.” They are not interested in traditional employment based on an employment contract but rather in other, more flexible forms, such as “providing work services” to an employer as part of their own business. This trend, particularly common in the IT sector, often poses a challenge for companies, for example, when bidding for public contracts that require bidders to employ staff under employment contracts. Recently, there has also been a trend toward extending employee rights to individuals providing work on a basis other than an employment relationship. For this reason, our guest predicts that the term “Labor Law” will soon be replaced by “Employment Law.”
2. Pay raise for an employee
For many years, it was believed that a pay raise was always beneficial to an employee and therefore did not require the employee’s consent to receive it. However, this is not the case. The employeris required to askthe employee whether they consent to the raise. The so-called “500+ Act” is a concrete example of how even a small raise can deprive an employee of the right to receive this benefit because they have exceeded the income threshold. Thus, something that might seem beneficial is, paradoxically, not always desired by employees. Dismissal of an employee who is a union activist. Until now, the union’s executive board could refuse to consent to the termination of an activist’s employment simply by failing to respond to the employer’s inquiry. This situation has changed dramatically. As of January 1 of this year, a lack of response from the union within a specified time period now means that it does not object to the dismissal of the activist.
3. Work phone
One consequence of the current employee’s market is that employees are reluctant to take their work cell phones home. The thinking is: “A phone is a tool, and I leave my tools at the office when I’m done with work.” Having a work phone at home and being available to the employer in emergencies is still necessary for certain industries, such as logistics, but what used to be the norm is now becoming the exception.
4. Not every management model is applicable in Poland
At-will employment—a form of employment relationship used in some U.S. states and widely praised in many management textbooks—is often blindly adopted by some Polish managers. It appears convenient from the employer’s perspective because it allows for the termination of an employee without providing specific reasons. In the Polish context, as our guest explains, such an employment arrangement is not possible—and what’s more, it is illegal.
5. An employee is on call for a maximum of 13 hours
One of an employee’s rights is the right to rest—at least 11 hours. Even making work-related phone calls to an employee during their rest period may result in disciplinary action. It’s worth keeping this in mind, because experience shows that in the midst of ongoing tasks, ambitious goals, and looming deadlines, this is something that’s often forgotten. A well-rested employee is an effective employee. 😊
6. The right to feedback
In Japanese corporations, managers often have a special budget set aside to meet with each of their employees—for example, at a restaurant—and discuss their development. In Polish companies, not as much importance is placed on providing systematic, regular feedback. Our experience shows that frequent performance evaluations and feedback are crucial for the development of both the employee and the organization. Younger employees, in particular, demand frequent, sometimes even daily, feedback. For this reason, managers must adapt their management style, interact more frequently with each employee, and document behaviors and incidents that deserve praise or feedback on what needs improvement. We asked our guest about this issue and were told that it is regulated by Article 94 of the Labor Code. “The employer is obligated, in particular, […] to apply objective and fair criteria for evaluating employees and their work performance.” We confirmed that in this case, law and practice go hand in hand.
This is just a glimpse of the insights we gained during this productive meeting. We know you’d like to read more. Good news! Soon, we’ll be hosting another expert, and we’ll be happy to share more insights with you on management, business models, labor law, business psychology, and growth strategies.
