– Beneficial for employees, detrimental for employers. The lawmaker should strike a balance between the interests of both parties when drafting laws. We are concerned that the changes that took effect on September 22nd may overly protect dishonest employees who will avoid dismissal by filing lawsuits against their employers,” says Hanna Mojsiuk, president of the Northern Chamber of Commerce in Szczecin.
Protection for mothers with children, seniors, and… schemers. The new regulations have shortcomings.
Business owners have no doubt that the new regulations have their advantages and are guided by a positive intention. However, the problem may arise when, for example, a dishonest employee tries to exploit them.
“We do not dispute that pregnant women, employees of retirement age, or parents on parental leave require protection. Firing protected individuals must be verified, and it should not occur,” admits Hanna Mojsiuk. “However, we fear that these regulations will also protect employees dismissed due to disciplinary reasons or dishonest individuals. After appealing to the labor court, such an employee will have to stay in the company during the proceedings. Therefore, the business owner will have to keep an employee who perhaps cheated and possibly created a toxic environment or behaved inappropriately in the workplace. This situation causes concern amongst business owners,” explains Hanna Mojsiuk.
“These regulations would be justified if labor court cases or civil court proceedings were resolved instantly. However, waiting for verdicts for months raises serious organizational and financial problems for business owners,” adds the president of the Northern Chamber of Commerce in Szczecin.
Lawyers: “An employee who is dismissed e.g., for illegal activity damaging the employer, will be employed in the same company for several more years.”
While the new regulations are favorable for employees, they will undoubtedly have a negative impact on the operation of employers – entrepreneurs, in terms of their employment policies. “We need to bear in mind that court cases, including labor ones, can drag on for years and it’s hard to imagine a situation where an employee who is dismissed for illegal activity damaging the employer will remain employed in the company for several more years. This will undoubtedly impact not only the atmosphere in the company but also may demotivate the entire team,” says Advocate Karolina Grygorcewicz from Zbroja Adwokaci Law Firm.
“In my experience, I often had to deal with situations where I questioned a termination or dissolution of an employment contract and applied for the reinstatement of the employee, but the court proceedings then lasted for 3 or 4 years. It is perfectly natural and obvious that no employee can afford to remain without a source of income for such a long period and must seek new employment. Therefore, when an employment dispute concluded, the claim for reinstatement usually turned out to be outdated, and in this respect, the lawsuit was often withdrawn,” adds legal advisor Marek Jarosiewicz, a partner in Wódkiewicz & Sosnowski Law Firm.
“I also see a risk to the employer – economic and organisational, but we have to bear in mind that they will have the opportunity to dispute the employee’s claim, and to appeal any adverse ruling on granting security. In this situation, it seems that the interests of both parties in the employment relationship have been quite well balanced,” adds legal advisor Marek Jarosiewicz.
