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Implied Amendment of Terms and Conditions of Employment

Written by
Raczkowski largest boutique firm focusing on HR law.
Article about Poland Supreme Court judgement on amending employment agreements

An amendment to an employment agreement may be implied from the mutual actions of the employee and the employer (judgment of the Supreme Court of 14 January 2010; I PK 155/09). When the employer delegates the employee to another job, which is allowed for up to 3 months in a calendar year (art. 42 §3 of the Labour Code) and upon the employee’s consent the delegation exceeds the statutory period, it is possible that the parties have concluded an implied permanent amendment to the employment agreement. In such a case, the employee can refuse to go back to the original position. To reinstate the employee in the original position, the employer must ask him to conclude another amendment which will revert the employment agreement to its original shape or serve the so-called “notice of alteration of terms and conditions of employment”. Nonetheless, the intentions of both parties must be examined in each case.