An employment contract, which is the most popular form of employment in Poland, is extremely valued because it provides employees with security of their interests and stable employment. At the same time, the employer’s rights are also protected by it. The employment contract provides for a notice period that both parties are obliged to observe. In the light of the law, it is not possible for an employee who unilaterally terminates the employment relationship to leave their job overnight. Is the employer entitled to compensation in such a case? If so, how to apply for it?

Abandonment of work – when is an employee entitled to such a right?

The employment contract can be terminated by both parties, but then the employee is obliged to observe the notice period. The employment relationship can also come to an end by mutual agreement and if both agree to it, the notice period may lose its meaning. Otherwise, it is not possible for the employee to leave the job, except for the notice period, but there are two exceptions to this rule.

The Labour Code provides that an employee may leave work without notice if there is a serious breach of the employer’s basic obligations towards the employee. The definition of a serious breach is not clear, so if the employee takes advantage of such a solution, the case may end up in court and the employee is not necessarily right, because the burden of proving the employer’s misconduct that resulted in the abandonment of work rests with the employee.

The second exception concerns the employee’s health situation. An employee may leave work if, after a medical examination, it is found that the duties he or she performs have a detrimental effect on the employee’s health. However, abandonment of work in such a case is legal only if the employer does not transfer the person concerned to another job suitable for his or her professional qualifications and health condition.

The consequences of an employee’s abandonment are not drawn only in these cases. However, if the abandonment of work was due to the fault of the employee, in such a situation the employer may want to apply for compensation.

Abandonment of work due to the employee’s fault – can the employer apply for compensation?

Apart from these two exceptions, it is illegal for an employee to leave their job. At the same time, the Labour Code does not provide for the possibility of directly applying for compensation for such a reason. According to the law, despite the abandonment of work by the employee, the employment relationship has not been terminated and it continues. The employer may seek justice in another way – by proving a serious breach of employee duties by an employee who has left work. The employer of those who decide to follow this path may then terminate the employment contract without notice due to the employee’s fault. This solution can be used when the employee terminated the contract immediately and unjustifiably. The possible consequences of abandoning work will then be determined by the Labour Court. The amount of such compensation is the amount of remuneration due for the notice period.

It happens that employees simply leave their workplace overnight. In such a case, you can also apply for compensation. In this case, it will concern failure to appear at work and the resulting damage. When applying to the court for compensation, the employer must prove the damage resulting from the employee’s abandonment of work. The content of the lawsuit must contain a detailed list of losses incurred by the company that resulted from the employee’s absence. If the court agrees with the employer, the former employee will be obliged to cover the damage.

How to avoid the risk of abandoning your job?

Job abandonment is rare, as employees are aware of the risks they take by deciding to do so. Regardless of the reasons, it is definitely better and safer to get along with the employer. However, when a job is abandoned, the situation is not comfortable for the company, because the losses resulting from a sudden change in the situation are real. Therefore, it is worth making every effort to ensure that job abandonment does not occur in the future. In this context,recruitment and selection of employees from the outset is crucial. If the company does not have an extensive HR department, the way to reduce the risk of the employee leaving the job is to use external support in the form of a recruitment agency.

In the case of positions where there is a lot of turnover by nature, and which do not require particularly high qualifications, a very popular solution is to work with a temporary employment agency. Thanks to this, the employer does not incur costs related to recruitment. It only pays the remuneration for employees de facto employed by the agency. This greatly reduces the number of interviews, reduces the risk of ineffective selection of suitable candidates and the occurrence of a situation such as job abandonment. Money spent on temporary employment becomes fixed costs of the company, which is beneficial for tax reasons.

Another advantage of such a solution is flexible employment – additional hands to work appear in the company only when they are necessary. In the remaining period, the employer does not have to maintain unnecessary jobs and incur financial losses on this account. A classic employment contract is therefore a good solution for hiring specialists whom the employer wants to attract for a longer period of time. The remaining positions can be successfully filled with temporary workers employed by the agency.

In the modern labor market, it is increasingly difficult to attract valuable employees. Currently, they expect not only a high salary, but also non-wage benefits. From the employer’s point of view, they can be treated as an opportunity to stay ahead of the competition, but on the other hand, benefits are also an additional burden on the company’s budget. What do employees on the Polish market expect besides a high salary? How to reduce the costs of employment and the aforementioned benefits by recruiting valuable specialists?

The most important benefits that employees expect

Although employees appreciate a good atmosphere in the workplace, they expect measurable benefits from the employer in addition to remuneration. In other words, “fruit Thursdays” or integration events may not be enough for an employer to be considered valuable. What employee benefits are currently most expected among employees?

· Gift and occasional vouchers

The IBRIS survey presented on the Bankier.pl portal shows that as many as 9 out of 10 employees use non-wage benefits in their workplace. Gift and occasional vouchers are the most popular. This solution is commonly used by employers during the holiday season. In some companies, such a solution is made available to employees simply once a year. Employees receive, among other things, prepaid cards for a certain amount, which they can use in selected stationary or online stores. In the case of this benefit, the employer covers its costs, although due to the competition on the market, not necessarily in the amount of the vouchers themselves.

· Group life insurance

Group life insurance is equally popular among non-wage benefits. Employers can approach this benefit flexibly. An insurance company offering such a service is happy to cooperate, offering discounts beneficial to employees, which everyone is happy with. However, many companies are aware of the growing requirements of employees and decide to co-finance insurance, which of course is a burden on the company’s budget.

· Vocational training

Theoretically, vocational training is a solution that benefits both the employer and the employee. The latter improves his qualifications, thanks to which he can perform his duties better. A company that provides its employees with such a solution should be satisfied with the growing value of the employee, but the financing of vocational training is burdened with a certain dose of risk. First, a better-qualified employee may come to the conclusion over time that they are also entitled to a higher salary due to their higher qualifications. Secondly, failure to meet his financial needs may end up leaving the job, and thus feeding the competition. If this happens relatively quickly, the investment in the employee in the form of financing the training will be in vain.

· Possibility of remote work

This solution has gained importance in recent years, and after the outbreak of the pandemic, it has become very popular. Many films have noticed that remote work does not have to mean limited productivity of employees, on the contrary – the level of their satisfaction and trust in the employer increases. If the possibility of frequent use of remote work does not adversely affect the functioning of the company, it is definitely worth providing employees with such an option. Of course, this is not possible for all positions, because many of them require the presence of the employee in the workplace.

· Private medical care

The public health service leaves much to be desired, which is why many employees care about access to private medical care. Employers can take advantage of this benefit, provided that it does not excessively burden the company’s budget under the beneficial contract. With many employees, you can count on really favorable prices for private healthcare. In addition, employees who have access to private medical care do not waste time and do not take time off work to visit specialists. In private facilities, many specialist tests and treatments can be performed on one day – it is beneficial for both parties.

· Sports cards

Access to sports facilities also affects employee satisfaction, so it is a benefit worth considering. Its profitability depends on the extent to which the employer decides to co-finance this service.

Too high employment costs? It is worth trying temporary work

Some of the above-mentioned non-wage benefits perfectly reconcile the interests of employers and employees. Others involve considerable expenses for the employer, which are worth considering before making a decision. Certainly, in specialist positions, it pays to spend extra money to keep valuable and well-qualified employees by taking care of their satisfaction and loyalty. However, there are positions where there are no irreplaceable people, so the presence of benefits may seem like an unnecessary or simply too high expense. How to avoid the costs associated with benefits and expected by employees?

Temporary work has become a popular solution. An employer using the support of a temporary employment agency only bears the costs of employing an employee in the form of invoices issued by the agency, which of course are included in tax deductible costs. Formal issues and possible benefits are the responsibility of the agency in which the employees are actually employed. For the employer, this is a great convenience and money saving related to additional benefits for employees, but also maintaining the HR department or the risk associated with unsuccessful recruitment. There are many positions where temporary workers are excellent, and this does not only apply to jobs that require relatively low qualifications.

Labour costs in Poland are extremely high and are constantly growing. An employment contract, which is the most popular form of employment, definitely preferred by the employees themselves, gives them certain privileges, but is a heavy burden for the employer. For several years, the contract of mandate has also been fully subject to contributions.

Therefore, employers looking for savings try to choose a contract for specific work and B2B cooperation as an alternative. What are the employment costs in these two forms? Or maybe there are even more cost-effective solutions for some positions, such as temporary work or recruitment of employees from abroad?

Employment costs – contract for specific work

Why is a contract for specific work such a beneficial alternative to an employment contract? Unfortunately, the latter form of employment is subject to very high social contributions paid to the Social Insurance Institution (ZUS) every month. Their amount in relation to the gross salary is:

In 2021, the minimum wage is PLN 2800 gross. Adding up the value of these contributions, the employer must contribute about PLN 574 to the state budget every month for hiring an employee. It is worth remembering that the minimum wage is rare, and many well-qualified employees earn even several times more. The amount of contributions also increases in proportion to the higher salary. In most cases, identical encumbrances accompany the contract of mandate resulting from the Civil Code.

That is why some employers strive to hire their employees under a contract for specific work. It is devoid of social contributions, so in this case the only cost borne by the employer is the employee’s gross salary. However, a contract for specific work is not preferred by employees. After all, it does not give them any privileges. In addition, a contract for specific work concerns, as its name suggests, the performance of a specific work, so the employer, at least in theory, has no control over the working time and the quality of services provided by the employee – only the effect counts. A contract for specific work definitely does not fit most positions, especially those related to stable or even temporary employment.

Employment costs – B2B contract

An alternative way to reduce labor costs is B2B cooperation. This form of employment is quite often chosen by specialists. The employee then sets up his own business, and at the end of the month issues an invoice to the company for the services provided. In this case, the VAT invoice issued by the employee is the only cost incurred by the employer and can be compared to the remuneration under a contract for specific work.

This form of cooperation is quite willingly chosen by specialists with relatively high earnings, who pay income tax, VAT, as well as contributions, usually in a minimum amount. B2B is a cost-effective alternative for people with higher earnings, as it allows you to settle with the tax office on the basis of a flat tax currently at 19%. From the employer’s point of view, B2B cooperation is a beneficial solution, but employees with relatively low salaries occupying lower positions will certainly not agree to it.

Advantageous alternatives – temporary work and recruitment of employees from abroad

The Polish labour market has changed in recent years. The problem of employers is not only high labour costs, but also low supply of potential employees. Therefore, temporary work is currently an interesting and increasingly popular alternative to fill full-time jobs. This is a very good idea for positions where there is a high turnover by nature. Companies are willing to use the help of a temporary employment agency, with which they settle as part of the invoice, avoiding unnecessary costs. Temporary workers are actually employed by the agency. The company gains immediate access to candidates with the necessary qualifications, does not have to maintain an extensive HR department and waste time on recruitment. Employment costs are included in tax deductible costs.

Recruitment of employees from abroad is becoming an increasingly interesting element of the offer of temporary employment agencies. Why is it worth considering such a solution? Employees from abroad are primarily focused on earnings, so they are perfectly motivated, and Polish salaries are attractive to them. In this way, many jobs can be filled in a short time, avoiding the complex and tedious formalities associated with foreign recruitment.

In the era of a complicated situation on the labor market, as well as growing social contributions, it is really worth looking for alternative solutions that reduce formalities and costs incurred by the entrepreneur, as well as the risk associated with unsuccessful recruitment and high turnover in some positions.

HR and payroll services refer to all activities related to HR and payroll in a given company. It can be carried out by both internal and external departments, and the scope of activities depends on the specifics of the company. Which is more beneficial? Is using the services of an external company a good solution?

What is HR and payroll services?

These are activities that are performed by HR and payroll departments, accountants or external accounting offices, but also temporary employment agencies. The scope of HR and payroll services is very large and can apply to virtually all aspects of office and accounting work in a given company. HR and payroll departments are primarily responsible for managing the company’s human potential, so this applies to all activities related to hiring employees and paying them salaries.

HR and payroll services – what is the difference?

Although HR and payroll services are usually related activities, it is worth distinguishing between HR activities and payroll activities. What are the differences? The composition of personnel activities includes:

In turn, the payroll department takes into account the following in its activities:

HR and payroll services are often a combined activity, which is why appropriate specialists are hired, who can have both HR and payroll activities in their scope of duties.

HR and payroll within the company or outsourcing?

Any company that wants HR and payroll services to be in-house must take into account the need to hire a full-time employee, and thus a financial contribution.

These costs must include not only the salary, but also the creation and equipment of the workplace, e.g. with computer hardware or specialized software. It is also necessary to pay salaries on a monthly basis, but also to refer the employee to training and courses so that they are up to date with the regulations and can manage human resources. In the case of small or medium-sized enterprises, one specialist may be enough to handle the entire department. But what if he goes on vacation or sick leave? This is when HR and payroll outsourcing can come to the rescue. What are its advantages?

When else is it worth using outsourcing? First of all, when there is a need to hire a large number of employees. Temporary work is often associated with looking for candidates for fixed-term jobs, and thus increasing the workload of the HR and payroll department. In the case of employees who will appear in the company temporarily, hiring an additional employee for HR and payroll services may not be profitable. On the other hand, an already hired HR and payroll specialist may have an excess of responsibilities related to the management of new employees’ documentation. It is important that in addition to documentation, HR and payroll services also include recruitment processes, which can be time-consuming and involve additional workload.

Temporary employment agencies offer a full range of HR and payroll services and relieve entrepreneurs in recruitment processes and all formalities related to
hiring employees. Take advantage of professional HR and payment services.

Most people associate temporary employment agencies primarily with seasonal employment. Although this is right, the activities of temporary employment agencies are not limited to hiring seasonal workers. The agencies also operate in the field of career counseling, personnel counseling and temporary work. So what does it do?

What is a temporary employment agency?

The task of a temporary employment agency is both to help employers in finding and hiring employees, as well as to help the unemployed find a job. Agencies, unlike labour offices, are not public units, but private enterprises. Therefore, they are private companies that provide similar services to those provided by labor offices. An agency can be a sole proprietorship, a two-person company or a general partnership.

What is the scope of activities of a temporary employment agency?

The scope of activities of a temporary employment agency is wide and can be divided into different areas. In the field of placement, a temporary employment agency conducts activities such as:

In the field of personnel consulting, a temporary employment agency conducts activities such as:

In the field of career counseling, a temporary employment agency conducts activities such as:

Therefore, a temporary employment agency carries out a number of different activities that are not limited to hiring an employee and transferring him or her to the employer.

Advantages of working with an agency

Both employers and job candidates gain a number of benefits by starting cooperation with a temporary employment agency. In this form of employment, there are three entities: the employee, the agency and the employer. What are the advantages of employment through an agency for employers?

What are the benefits for employees?

The benefits of working with a temporary employment agency are many for both job candidates and employers. Therefore, it is worth considering using the help of professionals when looking for a job.

Seasonal workers are in demand especially in summer, when the demand for seasonal work increases. Since this work is temporary, both employers and candidates are looking for the most advantageous forms of employment for them. The definition of seasonal work is not regulated by law, so there is no form of employment intended only for seasonal workers. So what form of employment should you choose?

What is seasonal work?

Seasonal work is not specified in the provisions of the labour law. However, it is considered to be a type of employment that depends on the seasons of the year, and its nature is related to a specific season, weather conditions and other properties of a given season. The industries in which seasonal workers are most often employed are, m.in, agriculture, gardening, tourism, gastronomy, fruit and vegetable picking, and the construction industry.

What are the forms of seasonal work?

An employer who wants to hire a seasonal worker has several options to choose from. Not all of them are equally beneficial for him, so before concluding a contract, it is worth familiarizing yourself with the available forms of employment. Hiring for seasonal work does not differ much from the standard course of employment of an ordinary employee. What are the forms of seasonal work?

Employment through a temporary employment agency

This form of employment is often associated with overwork and poor pay. Therefore, both employers and job candidates should remember to use the services of reputable companies that will familiarize themselves with the needs of each party before taking action and thus will be able to meet the expectations of even the most demanding. What does a temporary employment agency give to employees?

Regardless of the form of employment, before starting work, it is worth familiarizing yourself with all the pros and cons of each of the available options.

The recruitment process depends not only on the position for which the recruitment is conducted, but also on the organizational structure of the company, its size or character. Finding the right candidate with the necessary qualifications and personality fit into the company’s structure can be a challenge. However, recruitment is only one of the stages of searching for and hiring employees. How to recruit effectively? We suggest.

Recruitment – what is it and what are its types?

In the simplest terms, recruitment is the first stage of searching for job candidates. Its purpose is to gather a group of people who will meet the requirements for a specific position.

The recruitment process can be described and divided in many different ways, depending on the criteria adopted. One of them is the degree of the employer’s involvement in the search for new employees – then the following types of recruitment are distinguished:

There are different types of recruitment, and the above ones are just a general breakdown. What other types of recruitment can be found? For example, internal, external, general, or segmented recruitment. The process of looking for a new employee is complex and requires a number of different activities.

What are the recruitment methods?

Currently, recruiters can use various methods to look for job candidates. Both types of recruitment and methods depend on the specifics of a given industry and the structure and nature of a given company. The most common recruitment methods include:

How to find a good candidate?

Recruitment is not only about publishing advertisements on Internet portals, it is also about selecting candidates through application analysis, tests (e.g. language tests), interviews, recruitment tasks or verification of references. In some companies, candidates are invited to a trial day. The recruitment process requires a lot of time and energy. Therefore, an alternative to running your own activities may be to start cooperation with a temporary employment agency. When is it worth using outsourcing?

When deciding to look for candidates on your own, you should remember to prepare an advertisement tailored to the industry and specify who you are looking for. The recruitment process is a complex process, so without sufficient experience, knowledge and time, it is worth using the help of professionals.

Effective recruitment of employees, especially for large and recognizable companies, can be extremely difficult. It is not uncommon for thousands of candidates to respond to one advertisement, especially in the case of positions that do not require specialized competences. Sometimes, however, even offers for specialist positions are very popular, e.g. due to the reputation of the workplace or attractive employment conditions. And although it might seem that the more applications, the better – this is not necessarily the case. Going through hundreds of CVs and selecting the most interesting, most promising people is a real challenge. However, recruiters have developed effective methods for selecting offers and recruiting employees who are actually suitable for a given job.

How to attract good candidates for your company in the recruitment and selection process?

In the case of open recruitment, usually the first step to collecting CVs from potential candidates is to place an advertisement on one of the popular job search portals. Adding an advertisement itself is associated with small costs, from several dozen to several hundred zlotys and this cost is fixed, i.e. no additional remuneration is charged for the fact that an employee is found through a given portal. The quality of applications from this type of ads can vary greatly. It is not uncommon for job seekers to send their CVs to all possible advertisements so that only someone will contact them, which introduces chaos and unnecessarily prolongs the process of selecting offers. For this reason, companies with an internal HR department or with a budget for the involvement of the so-called head-hunters in the process often completely resign from issuing this type of advertisements, because they themselves have qualified specialists to search for suitable candidates. However, all employee websites turn out to be invaluable when looking for interns, apprentices or lower-level specialists who are taking their first steps on the labor market and do not have experience in looking for their dream job.

If you have recruiters in your company structure or outsource recruitment services, it is a good idea to use other recruitment methods, e.g. by actively searching for candidates through social media (e.g. LinkedIn or Golden Line), as well as the Direct Search method. In this way, you can “pull” an employee from another company and offer him a position in your company. However, the most interesting candidates from the market often show great loyalty and if they are not actually presented with a very good and competitive offer, they will not be willing to talk about changing jobs. However, if the employer is looking for an employee for the relationship who will push the company’s development forward, this is definitely the best recruitment option.

In a situation where the employer is looking for people for temporary or seasonal work , the best solution is to use intermediary companies that will delegate the right people to perform the tasks. Self-recruitment and HR services are usually associated with unnecessary costs for such employers, which can be avoided in this way.

How to find the perfect candidate in the recruitment and selection process?

Regardless of how the candidates for a given position applied, it will be necessary to select the most promising ones from among the applications. The first thing to check is your CV – at this stage, there may be one more document, which is a cover letter. The more precisely it responds to the content of the advertisement and the more information coincides with the “ideal profile” of the employee you are looking for, the better. The easiest way to use the 0-10 scoring method is to use the selection method. The more points a candidate obtains, the greater the chances that they will fulfill themselves in their new role and the sign that it is worth inviting them to further stages of recruitment.

The next step in the selection process should be a telephone interview or recruitment tests to check the accuracy of the information in the CV. If, for example, the candidate wrote that he or she communicates fluently in English, it is worth asking him a question in this language to see how he or she will react and whether he or she will start the conversation. If he avoids the topic or refuses to take the test, it is likely that the information on the CV is not true.

A proper recruitment interview should focus on the candidate’s experiences, difficulties, strengths, weaknesses and aspirations, as well as dispel any formal questions a given candidate may have. An interesting solution for most industries may be to organize a trial day as the last stage of recruitment, during which the candidate for an employee will be able to demonstrate knowledge of the industry and soft skills, and at the same time get to know the potential work environment.

Effective recruitment and selection of employees is largely the art of paying attention to details. However, the basis is to think about what skills are crucial for a given position and which are only welcome. Thanks to this, recruiters will know what to put the most emphasis on when talking to candidates and what skills to rate higher than others.

The Polish legal system still lacks a clear legal basis that would allow the employer to freely (i.e. without exposing themselves to the risk of any liability) ask employees or job candidates whether they are vaccinated (in principle, not only for COVID-19, but in general). This means that asking about vaccination is currently fraught with risks that cannot be eliminated.

There are two areas of risk: the issue of personal data protection and labour law regulations – explains Anna Wiluś-Antoniuk, legal counsel at the LeasingTeam Group employment agency – in In both cases, the legal situation is unclear. Fortunately, changes in the regulations seem possible in the near future – there is no shortage of supporters of such changes.

GDPR and the question of whispering

In the area of personal data, the vaccination question includes the question about personal health data. Such data is particularly protected. The first theoretical legal basis for the processing of such information by the employer is the consent of the person in question, i.e. the fully free and voluntary provision of such information by the employee or candidate, in accordance with the relevant provision of the GDPR – says the lawyer of LeasingTeam – However, there is a systemic problem with consents in labour law – as a rule, it is assumed that they are never completely free on the part of the employee. Due to the employee’s dependence on the employer, it is not without reason that the employee always feels in some way forced to answer the employer’s question (or give other consent), because he feels that his employment depends on it. This makes data processing based on employee consent widely questioned in labor law. At the same time, it is indicated that in the employment relationship, the employee’s consent is free and informed only when the employee himself (on his own initiative) has provided the employer with some information. This would lead to the conclusion that the employer can have and process vaccination data, but cannot ask for it.

The second possible basis for the processing of such data is their necessity for the purposes of preventive health care or occupational medicine, or, to put it simply, health and safety reasons. Based on the assumption that the workplace is a community, a certain collective, it is increasingly pointed out that the question about vaccination justifies the priority of the common good over the individual good of the employee – explains Anna Wiluś-Antoniuk – in other words, despite the lack of obvious legal basis, the admissibility of the question about vaccination is still being postulated more and more often due to the overriding goal, which is to care for the health of all employees.

Unclear letter of the labour law

The Labour Code contains a catalogue of information that an employer may request from a job applicant. In this catalogue, there is no premise even remotely related to the so-called covid status. Therefore, interpreting the provision restrictively, it should be assumed that the employer has no right to ask a job candidate about vaccination at all.

In the case of persons already employed, the situation is similar, although Article 221 § 4 of the Labour Code allows the employer to request information other than those expressly mentioned in the provision, when it is necessary to exercise a right or fulfil an obligation resulting from a provision of law. On the basis of this provision, it is possible to try to invoke, for example, the employer’s obligation to ensure the safety of the staff and thus justify questions about vaccination.

Interestingly, the National Labour Inspectorate is reticent about vaccinations in the context of labour law, but “(…) invariably considers it expedient and justified for employees to undergo vaccination against COVID-19 as widely as possible, while noting that under the current law, undergoing these vaccinations is voluntary.”, while arguing that “(…) The employer is obliged to keep a register of work exposing employees to harmful biological agents classified as hazard group 3 or 4 and a register of employees exposed to harmful biological agents classified as hazard group 3 or 4”1. One of the above-mentioned threat groups (i.e. group 3) includes the SARS-COV-2 virus. Naturally, the categories of work resulting in exposure to harmful factors are strictly defined in the regulations, so it cannot be said that every person currently works in a situation of exposure (although common sense dictates that this is the case).

Nevertheless, it can be cautiously assumed that the actions taken by employers to determine whether they hire or recruit vaccinated employees will not be condemned in labor law. Unfortunately, so far there are no available judicial statements on the subject, nor fixed views of authorities in the field of law.

To ask or not to ask?

To sum up, questions about vaccinations expose employers to allegations of unlawful processing of personal data and violations of the provisions of the Labor Code, which may lead, for example, to allegations of discrimination (e.g. of an unvaccinated and unemployed job candidate). The practice tries to deal with such allegations by justifying questions about vaccination with, for example:

  1. Regulations limiting the number of people at a gathering/event, which do not include vaccinated people – e.g. when organizing integration events;

  2. Vaccination campaigns (competitions, promotional campaigns) – counting on the willingness of employees to voluntarily report such information to the employer in order to obtain some benefit/reward.

For the time being, however, any attempts to make employment dependent on vaccination remain fraught with risks that cannot be eliminated. However, the general climate that can be observed in the area of labour law allows for cautious optimism caused by the fact that the supporters of the admissibility of the question about the fact of vaccination seem to be the majority, says the LeasingTeam expert – and the likelihood of the employer winning in court or administrative proceedings is also increasing.

When making a business decision on whether to apply the requirement to vaccinate employees in a given project, it is therefore necessary to weigh the proportion of risk to the business (and therefore not only financial) value of the activities, and it should also analyse the legitimacy of the vaccination requirement in a given occupational group from the perspective of “common sense”, i.e. analyse whether it is possible to convincingly justify the real impact of the vaccination requirement on the safety or continuity of the workplace’s operations, or attempt to assess the potential transmission of the disease among and through unvaccinated workers.