Labour law and HR consulting in Poland
VON ZANTHIER & DACHOWSKI
Labour law and HR consulting
Knowledge of labour law is crucial for your company to be able to work efficiently and with legal certainty. With up-to-date knowledge of the applicable regulations, your company can gain a competitive advantage and strengthen its employer brand to attract and retain the best employees. We specialise in providing advice that responds to changing trends, new regulations and individual needs. Our aim is to provide your business with security and stability in the labour market by helping you navigate the more challenging aspects of the employer-employee relationship and minimise legal and financial risks.
Who do we support?
We can help you in particular if you are dealing with the following challenges:
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You are not familiar with the specifics of Polish labour law and need support in understanding the applicable regulations or in adapting company documents to the requirements of Polish labour law
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You are planning to hire employees from other countries, especially from the DACH region, and need comprehensive advice on the choice of employment forms and the optimisation of documentation
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You strive to create an inclusive work environment that reflects the values of your organisation and contributes to its growth
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You are facing the challenge of ending your relationship with an employee and need support in finding a safe solution for both parties
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As a company manager, you want to ensure the safety of your employees, protect yourself and your company's reputation and are looking for effective ways and means to carry out this process
How can we help?
We support our clients primarily in the following areas:
Employment of employees
We advise on the choice of employment form and the optimisation of documentation, taking into account the recruitment of employees from other countries, in particular from Germany, Austria and Switzerland (i.e. the DACH region).
Recruitment of managers and executives
We help select the best employment solutions for managers and executives, draft employment and management contracts and assess the tax and duty burden, among other things.
Rule-making
We support the development of work regulations, remuneration regulations, sobriety tests, code of conduct, GDPR, remuneration regulations for remote work (home office), company social benefits (ZFŚS) or fleet policy.
Employee documentation management
We support you in the creation and management of your employee documentation and protect your company against legal risks.
Prevention of mobbing and discrimination
We specialise in the prevention of mobbing and discrimination and develop strategies that comply with national and EU regulations. We provide auditing of existing practices, development of procedures, training of staff at all levels, advice on reported incidents, support to the anti-mobbing committee and representation in court. We organise conferences on mobbing and discrimination prevention.
Optimisation of working time
We advise on the selection of working time systems (taking into account the working time audit) and help with the accounting and planning of overtime.
Home office, hybrid work and workation
We implement measures for home office (also abroad) and workation, from small companies to large corporations.
Work-life balance
We help with the preparation of documents that comply with EU directives and pay attention to the work-life balance of employees.
Remuneration transparency
We advise on the design of remuneration mechanisms in line with EU directives that enable transparency and equal pay.
Diversity, Equality, Inclusion (DEI)
We support you in creating an inclusive workplace that reflects your organisation's values and contributes to its growth.
Labour law audit
We carry out audits (including "red flags" audits) to ensure compliance with legal requirements and identify opportunities for optimisation.
Offboarding
We offer support in terminating the employment relationship and provide secure solutions for both parties.
Employment restructuring
In the event of a corporate restructuring or liquidation, we advise on workforce reduction planning, negotiations with employees and contacts with the state labour inspectorate. We develop effective voluntary redundancy programmes (PFA).
Labour disputes
We offer support in mediation and negotiation with employee representatives. We help to formulate strategies for labour-management relations.
Litigation and labour law proceedings
We represent employers and employees before courts, authorities and institutions in the event of disputes or inspections.
Training courses
We specialise in employment law training in a form tailored to the organisation. Among other things, we advise on the prevention of mobbing and discrimination, on working hours in practice or on working from home in organisations. Our services are aimed at both managers and HR departments. We work together with specialists in the field of soft HR.
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Why is it worth it?
It's worth making use of our services, because:
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30 years with DACH countries:
Thanks to our many years of experience in working with companies in Germany, Austria and Switzerland, we are very familiar with the special features and differences between the regulations there and in Poland
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We know our stuff:
Labour law is an area that we deal with on a daily basis. We specialise in the prevention of mobbing and discrimination
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Knowledge that works:
We provide practical training on labour law to help managers through the implementation of effective procedures
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We guide you through the entire process:
from hiring employees to managing the documentation and determining the tax consequences to representing you in court - we offer you comprehensive support at every stage
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At your side:
We proactively protect you and your company from legal risks and consequences in connection with labour law violations
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Your experts in Poland: labour law and HR
FAQ
What are the basic obligations of an employer in Poland?
The employer is obliged to do so, among other things:
- familiarise employees with their job description, the way in which the work is to be carried out and their basic rights
- inform employees about the terms and conditions of their employment
- organise the work in such a way that it is less strenuous
- ensure safe and hygienic working conditions and provide systematic health and safety training for employees
- to pay wages on time and correctly
- to record the employee's working time
- make it easier for employees to improve their professional qualifications
- to satisfy the social needs of employees as far as their resources allow
- to keep and store records of the employment relationship and the employees' personnel files (employee files) in paper or electronic form
- to fight against mobbing and discrimination
For what period can an employment contract be concluded in Poland?
In Poland, employers can choose between three main types of employment contracts, which differ in terms and application:
1) Probationary contract: This contract serves to test the employee's qualifications and is limited in time. It can be concluded for a maximum of 3 months. Depending on the expected duration of the subsequent contract, the probationary period may also be shorter:
- up to 1 month if a fixed-term contract of less than 6 months is planned
- up to 2 months if a fixed-term contract of at least 6 months but less than 12 months is planned
It is also possible to extend the contract in the event of holidays or other excused absences by the employee, if such absences occur.
2) Fixed-term contract: It can be concluded for a maximum of 33 months and no more than three times with the same employee. If these periods or the number of contracts concluded are exceeded, the employee is deemed to be employed for an indefinite period
3) Permanent contract: This is a form of employment without a fixed end date that offers the employee the greatest job security
What is the notice period for terminating an employment contract in Poland?
The deadlines depend on the type of employment contract.
The notice period for the termination of a probationary employment contract depends on the duration of the contract and is as follows:
- Trial period up to 2 weeks: 3 working days
- Trial period of more than 2 weeks: 1 week
- Trial period 3 months: 2 weeks
The notice period for a fixed-term or permanent employment contract, on the other hand, depends on the duration of the employment relationship or the length of employment:
- less than 6 months: 2 weeks
- at least 6 months: 1 month
- at least 3 years: 3 months
Employment of workers in Poland by companies based abroad. What should you know?
Foreign companies can employ workers in Poland. Several important aspects must be taken into account to ensure that the employment process runs legally and smoothly:
Working conditions that comply with Polish law: Ensuring working conditions that meet the requirements of Polish labour law is the basis of legally secure employment. This includes working hours, holidays, health and safety.
Payment of social security contributions: Care must be taken to ensure that the payment of social security and health insurance contributions for Polish employees is regulated.
Tax obligations: Another important step is understanding and complying with tax obligations in Poland. Care must be taken to ensure that payroll tax for employees is properly accounted for in accordance with the Polish tax system.
What are the alternatives to an employment contract?
In addition to the traditional employment contract, there are a number of civil law contracts that can better meet the requirements of a dynamic business environment:
B2B contract (business-to-business): It is often used by freelancers and entrepreneurs and enables collaboration on a business-to-business basis with greater freedom in defining the terms of the collaboration. The service provider pays its own taxes.
Service contract: A form of co-operation that allows flexibility in defining the scope of the tasks to be performed and the conditions for their execution.
Contract for work and labour: It focuses on a specific result of the work and is therefore ideal for projects with a specific goal or end product.
Internship agreement for university graduates: Enables students and graduates to gain practical work experience, which is often the first step on their career path.
The choice of the appropriate form of co-operation depends on many factors, e.g. the type of work to be carried out, the expectations of the parties and tax and insurance issues. It is important to carefully analyse all legal and organisational aspects before making a decision.
On what basis can a member of the Executive Board be appointed?
The employment of a managing director/board member opens up a range of legal possibilities, both within the framework of an employment contract and through civil law contracts. The choice of the appropriate form of employment is of crucial importance as it has a direct impact on the scope of the public law obligations incumbent on the board member.
Employment contract: The employment of a managing director/board member under an employment contract entails all the rights and obligations that are provided for employees, including the obligation to pay social security and health insurance contributions. This form of employment also offers protection in connection with the Labour Code, such as regulations on working hours or holidays.
Civil law contracts : An alternative is employment on the basis of civil law contracts, e.g. a service contract or a management contract. This form of employment offers greater flexibility in determining the terms of the employment relationship, but entails different tax obligations and less social protection.
Home office abroad. What should you know?
Home office from abroad is certainly possible and is becoming an increasingly popular cooperation model. However, in order to ensure proper functioning and compliance with applicable legislation, it is crucial that clear rules and regulations apply to the home office.
Home office regulations: It is important that the home office regulations specify exactly who is authorised to work abroad, at what times and under what conditions. It should also include guidelines for communication, data protection and access to company resources.
Legal obligations: Employers need to be aware of the additional formal obligations that arise from employing a worker abroad. These include tax obligations, insurance obligations and labour law issues that apply at the place of work.
Analysis of the situation: Before an employer agrees to home office from abroad, all aspects must be carefully analysed - from the potential risks to the benefits of such a working model. It is also necessary to agree with the employee on the specific conditions of the collaboration in order to avoid misunderstandings and ensure a smooth process.
What limitation periods apply to employee claims under Polish labour law?
Understanding the limitation periods for claims within the employment relationship is crucial for employers and employees to effectively manage potential labour law disputes. Here's what you need to know about limitation periods in Poland:
Employee claims: Under Polish law, claims arising from the employment relationship expire three years after the date on which the claim became due. This applies to most employee claims, including those relating to remuneration for work, overtime or holiday.
Employer claims: In the case of damage caused by an employee, the limitation period is shorter and is 1 year from the date on which the employer became aware of the damage, but may not exceed 3 years from the date on which the damage occurred. This is important from the point of view of protecting the company's assets.
Exception - wilful damage: If the damage was caused intentionally, the provisions of the Polish Civil Code apply to the claims, which may result in a different limitation period.
It is important to note that limitation periods cannot usually be shortened or extended by a civil law action.
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