Labour Law in Poland – key aspects

1. Sources of labour law - in-company rules and statutes specifying the rights and duties of the parties to the employment relationship

 

2. Proper recruitment:

• obligation of equal treatment, prohibition of discrimination,
• requirement to refer the candidate for a medical examination to determine fitness for work,
• processing of a candidate's personal data - limitation of collecting data about the job candidate,

3. Establishing an employment relationship:

• Types of employment contracts; probationary period, fixed-term contracts, limitation of fixed-term contracts
• What must be included in an employment contract?
• Rules for signing an employment contract (what type of signature should be used),
• Obligation to complete occupational health and safety (OHS) training.

4. Key employer obligations toward employees:

• Assigning work in accordance with the employment contract (exceptions: overtime work, 3 months per calendar year, mutual agreement or amending notice),
• Protection of personal data (e.g. restrictions on providing information about the reason for an employee’s absence),
• The information on working conditions,
• Prevention of unequal treatment (especially in terms of remuneration), and combating discrimination and mobbing; obligation to shape principles of social coexistence,
• Obligation to establish, maintain, and store employee documentation (what personnel files are, which documents must be stored and for how long),
• Obligation to have and the importance of internal regulations: work regulations, remuneration regulations, remote work regulations.

5. Key employee obligations toward the employer:

• Diligent and careful performance of work, compliance with work-related instructions,
• Observance of working hours and internal rules,
• Justification of absences,
• Respect the interest of the work establishment, protect its property (e.g. loyalty, taking care of equipment, polite behavior, protection of information).

6. Working time – key rules for planning and recording working hours; obligation to document employee working time, specifically:

• How working time should be planned for employees,
• How additional work (overtime and work on a day off) is compensated.

7. Annual leave, special leaves and parental leave:

• How the amount of annual leave is determined and how the timing of the leave is agreed upon,
• When and under what conditions the planned leave can be rescheduled,
• Types of parental leave available to employees – parents (duration, child’s age, and under what circumstances).

8. Other parental and care-related entitlements

• What entitlements are most commonly used by employees?
• On what basis are they granted (can the employer refuse or not)?

9. Remote work - key issues
   1. forms of remote work in new regulations of the Labour Code
   2. the employer's rights and obligations in case of remote working
   3. expenses related to remote working
   4. health and safety issues
   5. working time in case of remote work

 

10. Ways of terminating the employment relationship and the need to document the termination of employment:

• Termination by mutual agreement,
• Termination of the employment contract with notice (what obligations must be fulfilled by the employer),
• Termination without notice (under what circumstances it may occur),
• Obligation to issue a work certificate (what information should be included, and what must not be included).

 

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