Poland employment laws
In order to work in Poland, an individual must follow the principles of the Poland employment laws and sign an employment agreement. Only those individuals who are hired through employment agreements are subject to the laws of the Polish Labor Code and other legislation pertaining to the Poland employment laws.
By signing an employment agreement, an individual establishes an employment relationship with the employer. By creating an employment relationship, an employee agrees to provide employment of a specific sort for an employer and under the employer’s supervision, at a place and time defined by the employer, and for the employer’s profit. In addition, the employer agrees to hire the employee in exchange for compensation.
This article gives a succinct overview of Poland’s employment laws. It goes on to explain employment agreements in more detail, including the several kinds that are permitted by Poland employment laws.
About Poland employment laws
One of the most important provisions laid forth in the Constitution governing the Poland employment laws is the liberty of workers’ associations and trade unions to form and operate. Employment discrimination on any basis is not permitted under the Poland employment laws. In accordance with the Poland employment law, employers are required to provide a secure and healthy work environment for their employees.
The Poland Employment laws can be of two categories- common and autonomous Poland employment laws.
- The common Poland employment laws are made up of parliamentary acts, executive orders, and foreign treaties that are enforceable and relevant to all parties involved in work relationships within a nation’s borders. The most distinctive characteristic of that area of the law expresses the fundamental tenet of the Poland employment laws, which is the idea of employee preference.
- All acts created by social entities are included in the autonomous Poland employment laws, and the state’s acknowledgment of these acts as legal documents gives them their normative nature.
The two primary types of those acts are collective employment agreements and external collective employment agreements. The only restriction on such agreements by the judicial framework is that the clauses must be constitutionally compliant and should not be less favorable to the employee than the clauses of common Poland employment laws.
These agreements’ primary objective is to lay out the rules and circumstances of engagement with employers and employees at the workplace.
An employment agreement establishes the employment connection and contains the following obligations:
- An employee must carry out a specified task that the employer assigns and, under his supervision, at the location and time set by him.
- Employers are required to compensate employees for their labor.
Kinds of employment agreement
According to the Poland Employment Laws, numerous kinds of employment contracts can be signed. They are subject to the length of their existence. The various kinds of an employment agreements under the Poland Employment Laws are-
1. For an indefinite period
Depending on the employees’ level of job seniority, such sort of employment agreement provides a reasonably long term of notice. If an employee has worked in a given place of business for over 3 years, this term may be extended by up to 3 months. The lengthy notification duration is one factor contributing to employers rarely agreeing to terminate an employment agreement for an indeterminate period at the commencement of cooperation.
Conversely, an employment agreement reached for an extended period of time boosts a worker’s commitment and devotion to their job. It is well known that these kinds of employment contracts are seen as a guarantee of stabilization, particularly for young people and those close to retirement.
2. For a fixed period
The clause defining the duration of an employee’s employment is the fundamental component of an employment contract that has been executed for a specified period of time. This fix term agreement is made in order to carry out specific duties within the time frame mentioned. On the day specified in the agreement, the agreement will terminate legally. The amount of employment agreements for a defined duration that may be entered into with the same employer and employee is one of the most important restrictions that is imposed under Poland employment laws.
3. To perform a certain task.
Article 25 of the Labour Code of Poland stipulates, among other things, employment agreements that are signed for the duration of the accomplishment of a certain task. This is a kind of fixed-term agreement and is signed, among other things, for the completion of architectural constructions and agricultural projects.
The primary objective of this kind of agreement is to accomplish the parties’ desire to reach a limited-term employment agreement, but the parties cannot agree on an exact date by which the job will be completed. This kind of contract must specify the parties, the nature of the task, and the terms and circumstances of payment.
4. For substitution period
The purpose of this contract is to substitute the unavailable employee with a fresh one. The substitution period is over the day the absent employee returns. In contrast to other agreements that include a stated date of closure, substitute agreements that have been established for the same employee do not bind the employer to the stipulated limitations.
The legal structure of employment agreements
Employment agreements should be documented in writing. Although oral agreements are uncommon in practice, they are nevertheless enforceable. However, before any significant working conditions are implemented, they must be confirmed in writing.
Employment agreements can also be formed electronically, but often both participants must sign the agreement digitally using a recognized electronic signature. Such a form is seen as being on par with the written form.
The provision governing jurisdiction in employment agreements
Rules of EU law and Poland employment laws place limitations on the participants’ freedom to designate the jurisdiction for the work connection legitimately. These limitations are necessary to safeguard the worker, who is the more vulnerable participant in the employment relations.
Therefore, participants in an employment agreement may not choose overseas courts or an arbitration body in order to circumvent the jurisdiction of the courts of Poland.
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The article provides a basic overview of Poland’s employment laws. Additionally, it describes the many forms of employment agreements that must be drafted and signed by both the employer and the employee before starting a working relationship.
You can contact Odint Consultancy if you have any additional questions about the Poland employment laws. We’ll aid in resolving your questions.
An employment Relationship refers to the partnership between an employee and their employer. It happens whenever someone accomplishes tasks or renders services under predetermined guidelines in exchange for payment.
The Poland employment laws can either be common or autonomous.
- For an indefinite period
- For a fixed period
- To perform a certain task
- For the substitution period
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Meet Apurva Gaur, an accomplished and dedicated Company Secretary, whose passion for corporate governance and legal compliance has shaped her remarkable journey in the business world. With a wealth of experience and a keen eye for detail, Apurva has emerged as a leading authority in the field of corporate governance, earning accolades for her invaluable contributions to the companies she serves.