Katarzyna Wójcik: Unacceptable Creativity in Punishment
The article discusses the legal boundaries regarding employer sanctions in labor law, specifically addressing the inappropriate interpretation and implementation of penalties by employers in Poland.
The article written by Katarzyna Wójcik highlights the foundational principle of labor law which is based on the imbalance of power between employers and employees. It emphasizes that the rights to impose sanctions by employers are clearly limited by the legal framework, preventing them from creating their own list of penalties. Employers are allowed to evaluate work performance and enforce duties, but they cannot impose arbitrary or personal sanctions that fall outside of the established legal parameters.
In practice, however, the article notes instances where employers refer to the penalties outlined in Article 108 of the Polish Labor Code as a starting point for further punitive measures. This reflects a common misconception among employers that if an employee has erred, they may subject the employee to additional penalties—such as requiring them to work extra hours or altering their schedule. Wójcik argues that such forms of 'creativity' in sanctioning go against labor law, which does not permit discretionary penalties outside what is legally justified.
The article calls for a clearer understanding of what constitutes permissible disciplinary action within a workplace setting, particularly emphasizing that employers can only impose disciplinary penalties such as warnings or reprimands for specific misbehaviors like violation of workplace rules or health and safety regulations. It suggests that a stricter adherence to the legal definitions of penalties in the labor code would prevent misuse of authority by employers and protect employees from arbitrary punishment.