In this article we present the 10 most important rulings made in HR cases last year. 

They relate to the following issues:

• Trade union consultation must be in writing - email does not meet this requirement,
• When determining whether we have a collective dismissal we must look both 30 days back and 30 days forward,
• Intentional wrongful dismissal generates the risk of additional compensation,
• The employer may entrust the investigation (e.g. of harassment) to an external entity, but must enter into an agreement to entrust the processing of personal data,
• For the exclusion of a particular component from the benefit base, it is not sufficient to simply state that it is due for the period of illness, but practice is important,
• If the employment relationship is established, the employer will not be reimbursed for the part of the funded contributions due from the employee,
• The ZUS (social security institution) loop applies regardless of the method of financing,
• Remuneration for time spent out of work is not "remuneration" and is not subject to protection against deductions,
• Whether on-call time is working time is determined by the ability to manage time freely, 
• Exemption for social media activity will not always be justified.

Source: Rzeczpospolita
Date: 09 marca 2022
Language: Polish