Full-time vs. part-time work

On January 14, 2012, in Working Time and Leave, by Kalina Jaroslawska

Employees may work on a full-time or part-time basis, whichever is agreed with the employer. There are no particular restrictions in this respect and the choice of the working time scheme is left to the parties to the employment contract.

However, you should bear in mind that full-time or part-time employment affects mutual rights and obligation of the employee and the employer.

First, it is forbidden to discriminate part-time employees or favour full-time employees with respect to entering into or terminating the employment contract, employment terms, promotion or access to professional training.

Second, employers are required to inform their employees about opportunities of full-time or part-time employment.

Third, part-time employment affects the rules of overtime work and paid vacation leave. Eg. the amount of vacation leave of a part-time employee should be calculated in proportion to that employee’s working time, with fractions being rounded up to a full day of leave. Further, basically a part-time employee working longer than stated in their employment contract will not be considered as working overtime provided that the 8-hour-per-day limit has not been exceeded. In this case the employment contract should indicate the number of hours above the contractual working time, exceeding of which earns the part-time employee the right to overtime premium.

Photo: http://www.sxc.hu/photo/1373851

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What is the rule of equal treatment?

On August 2, 2011, in Discrimination, by Kalina Jaroslawska

sxc.hu

Polish labour legislation provides for the obligation to treat all employees equally with respect to conclusion and termination of employment, employment conditions, promotion and access to professional training, irrespective of:

  • sex;
  • age;
  • disability;
  • race;
  • religion;
  • nationality;
  • political views;
  • trade union membership;
  • ethnic background;
  • religious creed;
  • sexual orientation;
  • full-time or part-time employment;
  • employment for indefinite or fixed time.

In short, this is a general anti-discrimination clause, which is as a result of adjusting Polish labour legislation to the EU standards before the EU accession in 2004.

If the employer differentiates situations of particular employees based on one or several reasons listed above, then they will be considered to violate the anti-discrimination clause, unless they are in a position to demonstrate that such differentiation is justified by genuine occupation requirements. Examples of such genuine occupation requirements would include:

  • experience and length of employment affecting the conditions of employment, salary or promotion;
  • grounds related to parenthood protection or disability reasons;
  • changes in working time arrangements if justified by reasons unrelated to employees.

Remedies available to discriminated employees are not overwhelming: they may claim damages no lower than minimal wages (there is no upper limit) and they are guaranteed protection from dismissal once the claim has been brought. The claim may also be made after the employment relationship has come to an end, no matter whose initiative that was. Damages must be effective, proportionate and preventive.

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