Milewska Legal

Labour law

Special pension versus pre-retirement protection for employees

Most employees of pre-retirement age are aware of the protection afforded them by the Labor Code on this account. However, is the same protection afforded to a worker of pre-retirement age who is also drawing a special pension?

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Sickness or maternity benefit – withholding of payment and obligation to repay by the Social Security Administration

Recently, the Social Insurance Institution often initiates investigations that may result in the withholding of benefits or the obligation to repay them with interest. Below are the protections available to the insured in such situations.

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Remote work in questions and answers

Remote work was officially introduced into the Labor Code in April 2023. However, its regulation contains many nuances that are worth paying attention to. Answers to some of the questions we are often asked about remote work can be found below.

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Reduced working hours and termination by the employer

When an employer terminates an employment contract, the key factors are the number of employees employed by the employer and the reason that forms the basis for terminating an employee.

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Questioning of insurance coverage by the Social Security due to the ostensible nature of the employment contract – and what next?

The Social Insurance Institution is increasingly initiating inspections to prove that an employee is not subject to insurance because the employment contract was concluded for mere pretence. As a result, the Social Insurance Institution refuses to pay benefits or obliges them to be reimbursed.

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Non-competition in employment contracts

Employment law allows non-competition agreements to be concluded both during the employment relationship and after its termination. What are the characteristics of a non-competition agreement concluded for the duration of the employment relationship? When can such a non-competition agreement be extended beyond the end of the employment contract?

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