XII 2015


By Admin news December 2, 2015

August 29, 2015 amendments to the family and guardianship code concerning the divorce decree have entered into force, the purpose of which is to safeguard the child's right to education and contact with both parents who, for obvious reasons, do not live together after divorce.
The first change concerns the precise determination of the form of an agreement between the parents (regarding the method of exercising parental authority and maintaining contact with the child after divorce), which after the reform must be concluded in writing (Article 58 § 1).
The new regulations give priority to the will of parents, ie only when the parties do not conclude the agreement, the court (taking into account, of course, the child's right of contact with both parents) will decide how to jointly exercise parental responsibility and maintain contact after divorce, this authority, rules are granted to both parents. There is, of course, the possibility of entrusting the exercise of parental authority to only one of the parents, limiting the parental authority of the other to certain duties and entitlements only in relation to the child (§ 1a).
Under the new provisions, the court no longer has to regulate contacts between parents and a minor child, if the parties do not wish to do so, i.e. on their compliant application (§ 1b).

XII 2015

Retirement in Poland and the USA - how to get the optimal benefit?

By Admin news December 7, 2015

Many people who went to the United States to work there earn pension rights in Poland and in the USA. The rules for paying benefits in such a situation are regulated by the agreement between the Republic of Poland and the United States of America on social security, signed in Warsaw on April 2, 2008. It creates two systems for the payment of Polish benefits - full and proportional. As a rule, the Social Insurance Fund pays out the benefits calculated in the full system, unless those resulting from the proportional system are more beneficial to the insured.
Full benefits are generally higher, however, according to the solutions used in the so-called Windfall Elimination Provision , in case of collecting a full benefit in Poland, the American service is reduced. This means that for many people, despite the fact that the full benefit is more beneficial from the perspective of Poland, taking into account the total amount of the retirement pension - it would be better to opt for a pro rata benefit. Nonetheless, in many situations, the Social Insurance Institution, in spite of the will and interest of the insured, grants full pension. In such a situation, it is necessary to appeal against the decision in court.

XII 2015

Is the manager entitled to remuneration for overtime work?

By Admin news December 5, 2015

In accordance with the general rule resulting from the labor code, managers (ie people in managerial positions, independently managing a group of employees or part of an enterprise) can not demand remuneration for overtime work - this is due to the nature of their work and the needs of the employer and is often reflected in basic salary they earn.
It should be remembered, however, that if overtime work is permanent rather than incidental, it results from improper work organization in the enterprise or is related to the manager taking actions that are substantive (as well as subordinate employees) and not managerial work described above the principle is damaged and it is possible to demand remuneration for extra hours worked. In such a situation, it is usually necessary to refer the case against the employer to court.

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