International Legal Consulting Poland

EMPLOYMENT LAW and SOCIAL SECURITY

Our lawyers advise clients on a wide range of issues in the field of employment law and social security law.

Our legal services include in particular issues related to:

  • choice of the optimal form of employment (employment contract, appointment, election, nomination, management contract, civil law contract);
  • preparation and negotiation of employment contracts and other agreements;
  • preparation of work regulations and remuneration rules;
  • preparation and negotiation of management contracts.

We advise clients on issues related to the legalization of foreign labour in Poland, in particular:

  • legal position of nationals of Member States of the European Union to seek job opportunities under the free movement of workers and conditions of undertaking employment in Poland by nationals of other States;
  • legal requirements for the employment of foreigners (work permit, residence legalization);
  • legal situations causing employment legalization requirement (employment contract, secondment to Poland of a foreign employee, the appointment to the board of a limited company or a joint stock company);
  • posting workers to another Member State and privileges to which they are therefore entitled to;
  • rules for granting social security benefits for migrant workers and their families.

Our lawyers represent clients in disputes, in particular arising on the grounds of termination of employment, discrimination, harassment and mobbing.

In addition, we advise clients in the following areas:

  • rights and obligations of workers and employers;
  • required by law notifications to be made by an employer from the commencement date, in connection with a decision to winding up, etc.);
  • discrimination, harassment and mobbing in employment;
  • non-competition during the course of employment and upon its termination;
  • time schedules, including the maximum permissible working time;
  • admissibility to work overtime, at night, on Sundays, on public holidays and remuneration paid therefore;
  • on-call duties and remuneration paid therefore;
  • management staff work;
  • remuneration for the period of incapacity for work;
  • death benefits for workers;
  • vacation leave and compensation for unused vacation;
  • responsibility in respect of order and material responsibility of employees for damage caused to employers;
  • rights of employees related to parenthood, maternity, paternity and parental leave;
  • protection of women’s work, special protection of pregnant workers;
  • the employment of juvenile workers;
  • duties of employers and employees on health and safety, workers employed in conditions harmful to health;
  • the employer’s obligations in connection with an accident at work or an occupational disease of an employee;
  • protection of remuneration for work and allowable deductions;
  • termination of employment contracts, the general and special protection against dismissal of workers, including retirement, parenthood, excused absence from work;
  • the employer’s liability for violation of workers’ rights;
  • termination of pay and working conditions and agreements on the use of less favorable conditions of employment;
  • the protection of workers’ rights in connection with the bankruptcy of the employer, the transition of the business, employing establishment or part thereof to another employer;
  • collective redundancies;
  • social security (retirement, disability, sickness and accident insurance), and benefits payable therefore.