- Amendment to the code regulation on employment contracts for a trial period.
Thanks to the amendment, which is to implement into the Polish legal order Directive (EU) 2019/1152 of the European Parliament and of the Council of 20/06/2019 on transparent and predictable working conditions in the European Union (Journal of the EU L, No. 186, p. 105) and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20/06/2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, there will be a very serious change in the code provisions relating to employment contracts for a trial period. The implementation of both directives was to take place in August 2022, but our native legislator did not meet the deadline provided for in their content. At the time of preparation of this material (November 2022), the draft amendment has still not been submitted to the parliament, let alone entered into force. Before this happens, it would be advisable to introduce some amendments to the content of these provisions in order to prevent later problems of interpretation. - German versions of standards for unfired pressure vessels.
On June 20, 2022, the Polish Committee for Standardization published in the German language version 5 standards of the PN-EN 13445 series harmonized with the Pressure Equipment Directive 2014/68/EU for unfired pressure vessels. PN-EN 13445-1:2021-10 standard (German version) Unfired pressure vessels. - Accidents.
Lesser Poland Voivodeship: On the premises of the plant, an employee operated a prism measuring machine. During the work, he turned off the machine and immediately started cleaning the device from the accumulated sawdust inside it. To do this, he put his right hand into the machine, which caused it to come into contact with the knife and injure him. In the production hall, an employee operated a freight elevator. During the task, the man put his left hand between the moving parts, which led to the metacarpal being crushed. - Medical emergency - is an employee entitled to social security benefits in the event of an accident at work when the cause of health damage is a heart attack or stroke?
The wording in the title is, of course, a mental shortcut - a statement that the cause of damage to health or death was the so-called A medical emergency occurring during work does not in itself mean that the injured party or the family members of the deceased employee are deprived of the right to social insurance benefits in respect of an accident at work. However, this happens in a situation where, in the course of the proceedings aimed at determining the circumstances and causes of such an event, it is not possible to indicate another, external - i.e. lying outside the body of the insured person - cause of his loss of life or illness, which in such a case is understood as as a coexisting disease. The aim of the article is to present two examples of such events, which caused the teams investigating their circumstances and causes more or less problems in terms of the need to qualify them. The jurisprudence of the Supreme Court on this issue will also be cited. - Occupational risk assessment – a legal obligation or something more?
The obligation to assess occupational risk is defined in art. 226 of the Labor Code, according to which the employer is obliged to assess and document the occupational risk related to the work performed and to apply the necessary preventive measures to reduce this risk, as well as to inform employees about the occupational risk associated with the work performed, and about the principles of protection against threats . - Employment contract and the terms of remuneration under the collective labor agreement.
Can the employer conclude an employment contract without the arrangements contained in the company collective bargaining agreement (Article 3531 of the Civil Code; the parties concluding the contract may arrange the legal relationship at their discretion). The employment contract was concluded on April 3, 2017 and in accordance with sec. 1, pt. 4, lit. c of this agreement, other allowances were entitled under the rules set out in the company collective labor agreement concluded on November 10, 1992. In 2016, the collective labor agreement was changed, introduced by Additional Protocol No. 6 of September 21, 2016. However, in the employment agreement of April 3, 2017 in 2016, no information on the change of the arrangement was entered, therefore the former employer is required to pay a jubilee bonus on the occasion of the 50th anniversary of work according to the wording in force before November 1, 2016, i.e. in accordance with the order of the Minister of Labor and Social Policy of December 23, 1989 in on determining the periods of work and other periods entitling to the jubilee award and the rules for its calculation and payment. - Significant (?) changes in "accident" statistics according to GUS reports.
- The number of people injured in accidents at work (...) has increased compared to the first half of 2020 - this information can be found in the report published in September this year. the report of the Central Statistical Office: "Accidents at work in the first half of 2021 - preliminary data".1 Such reports are published by the Central Statistical Office cyclically according to a similar scheme, therefore in this case it is possible to compare specific data with each other. Even greater concern could be caused by elaborating this thread by pointing to specific figures: in the first half of 2021, 27,200 people injured in accidents at work were reported, which is 13.1% more than in the first half of 2020.
- Failure to issue a VAT invoice as an unlawful act.
Failure to issue a VAT invoice by the entity obliged to issue it is an unlawful act (Article 415 of the Civil Code), if its contractor, a VAT payer, suffered damage resulting from the inability to take advantage of the due tax deduction. The parties entered into an agreement under which the defendant, as a subcontractor, performed renovation works in the museum building for the plaintiff, as the general contractor. After their completion, the parties conducted negotiations regarding the amount of the defendant's remuneration, but no agreement was reached and finally the defendant issued a VAT invoice for the amount of PLN 560,079.78, which she sent to the claimant. The plaintiff refused to accept it and informed the defendant that it would not pay, because the amount of remuneration due to the defendant should be determined on the basis of the works acceptance report, in accordance with the cost estimate approved by the parties, and the amount indicated in this invoice does not correspond to the actually performed construction works. - Contest of the association.
The National Association of Occupational Health and Safety Service Employees has settled this year's edition of the competition "Health and Safety Service - the best advisor to the employer". The award ceremony is scheduled for January 27 - during the jubilee celebration of the association. - Warm and comfortable winter clothing - which warming fleece to choose?
An employee who performs his duties in the open space in the autumn and winter must be properly protected against the cold so that he can focus on work. For this purpose, he should wear appropriate heat-insulating clothing. This is due to the weather conditions, which are particularly unfavorable in our climate: we have significant temperature fluctuations from several degrees above zero to minus 15-20 degrees. - Modern welder respiratory protection.
Welding is a process of permanently joining fusible materials, mainly metals and alloys, by melting the edges of the joined elements without applying pressure, with or without adding a binder1. A welder is a worker who welds with electric, gas, arc or oxygen cutting. The practice of this profession is associated with many risks caused by various factors. - 12th edition of OHS Workshops.
The 12th edition of the OHS Workshop has come to an end! Extremely grateful and satisfied, we would like to make a short summary. - New health and safety regulations and labor law.
Review of legal provisions published in the Journal of Laws and Monitor Polski in 2022. 129. Announcement of the Marshal of the Sejm of the Republic of Poland of 5 September 2022 on the publication of the consolidated text of the Act on Food Safety and Nutrition (Journal of Laws, item 2132). Date of announcement: October 18, 2022 - Workers Particularly Vulnerable to Dangerous Substances (2) Lesson 153.
This factsheet provides practical guidance on legal obligations and good practice for vulnerable workers who may be exposed to hazardous substances at work. It is important that risk assessment and prevention measures take into account groups of workers with specific needs who may be particularly vulnerable. The fact sheet summarizes the legal obligations of employers and analyzes specific groups, i.e. new or young workers, migrant or temporary workers, workers with medical conditions, pregnant or breastfeeding workers and female workers. What can employers do to ensure that these groups of workers are protected from harm caused by exposure to hazardous substances? - Medical and psychological examinations of persons applying for a firearms permit.
Recently, there has been a significant increase in the number of applications for gun licenses, and there has been a general increase in interest in gun possession and access to guns. This is related to e.g. with the war in Ukraine. The issue of possessing weapons in Poland is subject to the regulations contained in the Act of May 21, 1999 on weapons and ammunition (i.e.: Journal of Laws of 2020, item 955, as amended), known in short as the Weapons Act. It includes i.a. the definition of weapons and the rules for issuing and withdrawing permissions for weapons. The provisions of the Act do not apply to weapons and ammunition used by the Polish Armed Forces, the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, officers delegated to the Internal Supervision Bureau, the Central Anti-Corruption Bureau, the State Protection Service, the Border Guard, the Marshal's Guard , the Customs and Tax Service, the Prison Service and other state armed formations, with respect to which access to weapons and ammunition is governed by separate regulations. - 30 years of the National Association of OHS Service Employees - development and prospects.
The thirtieth anniversary of the National Association of OHS Service Employees is approaching. For the organization, it is an opportunity to summarize activities and reflect. One thing is certain, OSPSBHP has undergone a major transformation over the years. It has become the largest association in Poland associating the OSH service, leaving similar organizations far behind. Today it is 2,700 people in 37 branches, which sometimes have 30-50 members, but also much more: 200-250 people each. We asked three people for statements regarding the development and future of the association - known for their behap and social activities not only in this organization. - Fire protection guide (part 37).
In this part, the author discusses the subject of control and reconnaissance activities. The previous, thirty-sixth part of the series was published in ATEST 11/2022. This is the last part of the "Fire Protection Guide". Inspection and reconnaissance activities Inspection and reconnaissance activities in the field of fire protection and exercises are carried out by the State Fire Service in order to recognize threats, supervise compliance with fire regulations and prepare for rescue operations, which is one of its statutory tasks. - Lawn trimmers with an internal combustion engine guided by a pedestrian operator.
Our checklists allow you to check whether a specific machine or group of machines meets the safety requirements contained in regulations and standards. They are also a tool for occupational risk assessment when operating these machines; can be used as a source of information for health and safety instructions. Readers use them in different ways; also for training future machine operators. The next list concerns trimmers with an internal combustion engine operated by a pedestrian operator.
ATEST - ochrona pracy (Certificate - work protection) - the whole list
