KIELTYKA GLADKOWSKI advises foreign clients in the entire process of employing employees in Poland.

We advise:

– with the entire mass processes of one-time employment of a large number of well-educated employees in Poland by such entities as global BPO centers;

– on all matters of changing the terms of employment;

– on all matters of remuneration and work performance;

– with all problems of violations of employee duties;

– for all termination issues, including group dismissal processes and collective redundancies;

– for all matters related to the settlement of labour costs and working time with Polish labour control offices, social insurance offices and the tax office.

Communist Poland did not know any other way of earning money than employment, because business as a source of citizens’ income is the domain of democratic countries.

Therefore, an employment contract is and remains the most frequently concluded contract in Poland. According to the data of the Polish Central Statistical Office, in the second quarter of 2021, over 17 million citizens were economically active, and thus these people were a party to the employment relationship.

It is worth adding that the data relate to legal employment, which is based on the contracts distinguished in the aforementioned Polish Labour Code, that is:

– employment contract for a trial period,

– a fixed-term employment contract,

– employment contract for an indefinite period.

There are two main features of an employment contract:

1 / The employer employs an employee for remuneration;

2 / the employee performs work with due diligence.

Both of the above features of the employment contract are conflicting in nature, because the employment contract shows a clear conflict of interests of the parties in the form of the employee and the employer.

The mass phenomenon of employment on the Polish market and the conflicting nature of the employment contract mean that KIELTYKA GLADKOWSKI has been dealing with legal employment matters in Poland for many years. The employment relationship, defined in the Polish Labour Code as: ” performance of work of a specific type for the employer and under his direction and at the place and time designated by the employer“, is a contract specified in detail by Polish law.


KIEŁTYKA GŁADKOWSKI advises on all aspects of the wording of the provisions of employment contracts, taking into account the following basic legal conditions of the Polish labour law.

In principle, Polish labour law regulates an employment contract in its entirety by general provisions. However, in many matters, Polish labour law leaves the parties a great deal of freedom to contractually regulate the rules of employment.


The contract for a trial period is concluded for a maximum of 3 months, but it can also be concluded for a shorter period. Decisions in this matter are made by the employer and the employee. The duration of employment is related to the notice period, which should be specified in the contract, but as a rule it is:

– in the case of employment for up to 2 weeks – 3 days;

– in the case of employment for a minimum of 2 weeks – 1 week;

– in the case of employment for 3 months – 2 weeks.

The next stage of employment is a fixed-term contract, which is concluded for a given period of time, but may be extended up to 3 times and not for more than 3 months.


If the aforementioned employment time limits are exceeded, the Polish employment contract automatically transforms from an employment contract for a trial period into an employment contract for an indefinite period. The terms of termination are analogous to those of an employment contract for a trial period, however, the terms of termination of an employment contract differ depending on the type of the employment contract, which, it is worth noting, are similar in the case of an employment contract for an indefinite period:

– in the case of employment for up to 6 months or less – 2 weeks’ notice;

– in the case of employment for over 6 months – 1 month of notice;

– in the case of employment over 3 years – 3 months’ notice.

All the aforementioned contracts give the employee certain rights, such as: vacation leave, sick leave or publicly funded health care.


Also with the above forms of employment there is some protection for pregnant women. In the case of a contract for a trial period, if the employment period exceeds one month and would terminate after the third month of pregnancy, the employer must extend the contract until the termination of pregnancy. A woman is entitled to maternity allowance, but not to maternity leave. A similar mechanism works for fixed-term employment, but a woman has the right to maternity, parental and childcare leave.


KIELTYKA GŁADKOWSKI advises foreign employers on the settlement of an employment contract with the Polish social security system, because it is the employer who is obliged to register the employee for social insurance and pay the relevant contributions.


To other contracts, somewhat similar to the above-mentioned relevant employment contracts on the basis of the Polish Labour Code, but not giving rise to an employment relationship in the strict sense, only a similar relationship, there can be included contracts based on the Polish Civil Code, and not the Polish Labour Code, like mandate contracts and contracts for specific work.

Another contract that is gaining popularity is the so-called B2B contract, i.e. contract specifying work performed by one entrepreneur for the benefit of another. The latter are most commonly encountered in IT sector.

KIELTYKA GLADKOWSKI represents foreign employers in collective procedures of employing Polish citizens under an employment contract under Polish labour law. Legal advice rendered by KIELTYKA GLADKOWSKI takes into account the basic principles of employee rights and obligations in force in Poland as follows.

All the aforementioned employment contracts (for a trial period, for a definite period and employment contracts for an indefinite period) regulated by the Polish Labour Code should be concluded in writing, but failure to do so does not invalidate them.

In the absence of a written form, the employer is obliged to confirm to the employee the basic information, such as the form of employment, place of work, remuneration, employee duties, in writing or in equivalent electronic form within 7 days.

However, as in the absence of a written contract, failure to provide the above-mentioned information does not invalidate the employment relationship, because according to the jurisprudence, the performance of work may be confirmed by, for example, co-workers.

However, in the case of any employee claims, the lack of confirmation of employment is an obstacle for the employee to prove his or her right, and for the employer it is associated with a potential financial penalty of up to PLN 30,000.00.

Therefore, KIELTYKA GLADKOWSKI offers its experience to foreign clients (employers) in court disputes with employees as to whether the employment contract has been concluded at all, and if so, on what terms.


KIELTYKA GLADKOWSKI supports foreign employers in extrajudicial and court procedures of dismissing employees under Polish labour law.

In rendering its assistance KIELTYKA GLADKOWSKI takes into account all legal rules of termination of employment in Poland. In accordance with the above, contracts established by the Polish Labour Code:

– may be terminated in accordance with the end date included in the contract (the contract ceases to exist at the end of the agreed date and the parties do not have to submit any additional statements in order to end of the employment contract), or

– may be terminated unilaterally by the employee or unilaterally by the employer with the agreed notice period, or;

– can be terminated without observing the notice period, which is an exception to the general rules, because it is mainly a situation of immediate dismissal of an employee by the employer as a result of gross negligence of employee duties and

– may be terminated by agreement of the parties.


Immediate dismissal by the employer, referred to in everyday language as a disciplinary dismissal, occurs when:

– there is a serious breach by the employee of basic employee duties, e.g. the employee does not comply with health and safety regulations, does not keep professional secrecy, does not show up for work;

– during the term of the employment contract, the employee commits a crime that prevents him from continuing to be employed in the position he holds;

– during work, the employee loses the rights necessary to perform work in the position held at the fault of the employee.

In the event of dismissal due to a serious breach of employee obligations, there must be a total of 3 conditions:

– there must be an intentional fault of the employee or gross negligence in the case (according to the judgment of the Polish Supreme Court of April 17, 2009, file number II PK 273/08, the fault must be willful),

– there must be a serious breach of a basic obligation,

– there must be at least a threat to the employer’s interests.

The employer must justify the reasons for the dismissal, and has the right to do so up to one month after becoming aware of the circumstances justifying the termination.

KIELTYKA GLADKOWSKI also advises on dismissal of employees in cases other than disciplinary dismissal of an employee.

The employer may terminate the employment contract without notice in the event of:

– employee’s illness lasting longer than 3 months, when the employee has been employed by a given employer for less than 6 months or longer than the total period of receiving remuneration and allowance on this account and receiving rehabilitation benefit for the first 3 months when the employee has been employed by a given employer for at least 6 months or if the incapacity for work was caused by an accident at work or an occupational disease;

– the employee’s justified absence from work for other reasons, lasting longer than 1 month.

It is worth emphasizing that the termination of an employment contract without notice cannot take place after the employee shows up for work due to the cessation of the cause of absence.

On the other hand, the termination of the contract by an employee without observing the notice period takes place in the case of:

– issuing a medical certificate stating the harmful effect of the work performed on the employee’s health, and the employer not transferring the employee within the period specified in the medical certificate to another job, appropriate due to his health condition and professional qualifications;

– the employer commits a serious breach of obligations towards the employee; in this case, the employee is entitled to compensation in the amount of remuneration for the period of notice. If the contract was concluded for a definite period, compensation is due in the amount of remuneration for the period until which the contract was supposed to last, but not more than for the period of notice.


Representation of a foreign employer before the Polish labour court

In connection with the above, very often the issues of dismissal of an employee are the subject of employee claims that are also dealt with by our law firm. A claim, in a general sense, is the right to demand that a specific person behaves in a certain way, in particular the performance of a service. The most frequently pursued employee claims are:

– claim for payment of basic salary,

– a claim for termination of an employment contract,

– claim for payment of overtime remuneration,

– claim for the payment of a bonus or jubilee award,

– a claim for annual leave and the equivalent for annual leave,

– a claim to establish the existence of an employment relationship,

– a claim for a retirement or disability benefit.

The above claims shall expire ex lege after 3 years from the date on which the claim became due, but if the employee’s claim was confirmed by a final court judgment or a settlement concluded before a court or before a conciliation commission, then it is subject to a statute of limitation after 10 years from the date of validation of the judgment or a settlement.


Employers also have claims against employees, which may be pursued within 1 year, in respect of:

– compensation for damage caused by an employee as a result of non-performance or improper performance of employee duties,

– compensation for the employer in the event of unjustified termination of the employment contract by the employee without notice,

– violation of non-competition during the employment relationship.

KIELTYKA GLADKOWSKI protects the interests of its foreign clients in such labour lawsuits at the Polish Labour Court.


Another claim is that the employee is reinstated. KIELTYKA GLADKOWSKI represents parties to such court cases in the Polish labour court. Reinstatement to work takes place in the event of: unjustified or unlawful termination of the employment relationship by the employer, contrary to the provisions of the Polish Labour Code. In this case, the employee has the right not only to request reinstatement, but also to claim compensation. In most cases, reinstatement takes place after a court sentence has been issued, but there are exceptions to this rule. The employer is obliged to employ an employee on the same terms as before, and the period of being unemployed is included in the employment period, which allows the employee, for example, to continuously obtain pension contributions. Importantly, the employer is obliged to pay all outstanding rates. However, this period does not allow the employee to obtain more annual leave.

KIELTYKA GLADKOWSKI represents its foreign clients in proceedings before a conciliation commission in labour matters.

Proceedings before the commission may be initiated at the employee’s request in writing or orally. It is an amicable form of dispute resolution, reflecting mediation in the Polish Code of Civil Procedure. Such action of the employee is aimed at quick resolution, because the committee, as a rule, is to consider the dispute within 14 days and in the form of an amicable settlement of the matter. In the absence of a settlement, the commission, at the employee’s request, transfers the matter in the form of a lawsuit to the labour court.

KIELTYKA GLADKOWSKI helps foreign clients to execute judgments of Polish labour courts.

According to the Polish Code of Civil Procedure, cases in the field of labour law are classified as civil cases, and therefore these cases are resolved by a civil court. Before the court, both the employee and the employer may appear independently and appoint attorneys. An employee’s representative may be, for example, an attorney-at-law, labour inspector, or a representative of a trade union. In addition to the attorney, the employer’s representative may be another employee. Proceedings before the labour court are very similar to other proceedings before civil courts, but the trial includes, inter alia, some evidence from the hearing of witnesses or testimonies of the parties, which is not present in standard proceedings. The judgment is immediately enforceable. Our law firm has repeatedly represented employers and employees before the aforementioned authorities.

In relation to the above, an employee’s attorney at the labour court may be labour inspector, i.e. a representative of the Polish National Labour Inspectorate, an authority for supervision and control of compliance with labour law, as well as occupational health and safety and other activities performed in workplaces. Inspectors are entitled to impose fines, refer motions for punishment to courts, and the District Labour Inspector may order the cessation of the plant’s activity if the occupational health and safety regulations are grossly violated.

KIELTYKA GLADKOWSKI provides support to foreign clients in control proceedings of the Polish authority controlling employment rules in Poland

It is worth adding that the Polish National Labour Inspectorate each year defines its action plan and areas of potential control, in addition to the standard one, aimed at compliance with labour law, in 2022 the authority pays attention to the observance of the rules of employment of disabled people, and employers’ compliance with covid regulations.

KIELTYKA GLADKOWSKI advises foreign clients on matters related to working time under the Polish labour law

One of the areas of active work control in Poland is the working time of employees.

In legal advice, our lawyers primarily take into account the general rule that working time is the time when the employee is at the disposal of the employer or in another place intended for work. Consequently, the employee’s readiness to undertake a potential action can also be considered as working time. Working time without overtime may not exceed 8 hours a day and 40 hours in an average week, but each holiday occurring in the settlement period and falling on a day other than Sunday reduces the working time by 8 hours. Overtime, or overtime in colloquial terms, is indispensable to working time. Pursuant to the regulations in force, they are allowed in 2 cases: in the event of a need to conduct a rescue operation in order to protect human life or health, to protect property or the environment, or to remove a failure, and in case of special needs of the employer. The Polish Labour Code does not define the specific needs of the employer, which is associated with a very easy possibility, in a way, to establish overtime for an employee. The employee cannot refuse to work overtime, unless he / she belongs to the following groups: pregnant women, young workers or people caring for a child under the age of 4 (unless they give their consent), employees who presented a certificate from medical examiners about the inability to perform overtime tasks, employees who have been diagnosed with symptoms of an occupational disease, and if the employee is engaged in work potentially endangering his health.

KIELTYKA GLADKOWSKI provides clients with ready-made solutions to avoid the problem of overtime work

Overtime work is connected with the possibility for an employee to obtain a sufficient number of days off at his request or, in exceptional cases, without his request. However, such a solution is in contradiction with the obligatory allowance for work above the norm, which is, depending on the circumstances:

– 100% of remuneration – for overtime work falling on the following time: at night, on Sundays and public holidays that are not working days for the employee, on a non-working day granted to the employee in exchange for work on Sunday or on a holiday;

– 50% of remuneration – for overtime work falling on any day other than those specified above.

It is worth noting that the sum of overtime hours in a year cannot exceed 150 hours.

KIELTYKA GLADKOWSKI advises foreign clients on the basis of regulations governing problems of the workplace. We advise on the basis of the regulations on business trips and delegations.

In our consulting work, we take into account the fact that, as a rule, the workplace is the employer’s headquarters or facility. Quite an important element related to the legal problem of the workplace are business trips, i.e. performing a business task at the employer’s request outside the city where the employee’s permanent workplace or the employer’s seat is located. For a business trip, the employee is entitled to the so-called “appropriate allowance”, i.e. an additional component of remuneration related to expenses during a business trip:

  • When the journey lasts no longer than one day:

– less than 8 hours – no travel allowance;

– from 8 to 12 hours – half of the allowance is paid;

– over 12 hours – full allowance is paid.

  • When the journey takes longer than one day, the full amount should be counted for each day, and for the incomplete but started day, the allowance is as follows:

– up to 8 hours – 50% of the allowance;

– over 8 hours – full allowance.

  • Trip abroad:

– up to 8 hours – 1/3 of the allowance;

– from 8 to 12 hours – 50% of the allowance;

– more than 12 hours – full-amount allowance.

  • For meals during the trip:

– breakfast – 25% of the allowance;

– lunch – 50% of the allowance;

– dinner – 25% of the allowance.

KIELTYKA GLADKOWSKI advises on complex matters in respect of business trips abroad

Currently, the daily allowance rate applicable from July 2022 is PLN 38.00, and PLN 57.00 per night. It is a top-down rate, independent of the employer. The same as the rate of trips abroad, which, according to the legislator’s announcements, is to increase, currently it depends on the country of destination (e.g. France – € 50.00; and overnight stay is € 180.00). The allowance is not paid together with the monthly earnings, i.e. until the 10th day of the following month, because it is paid 14 days after returning from the trip at the latest.

It is worth adding that the employer, when counting the time of a business trip abroad, related to the change of time zone, is not guided by the zone difference, but counts the normal time of absence, starting in the country of departure.

KIELTYKA GLADKOWSKI advises on the legal aspects of remote work in Poland

Telework is a form of work regulated by separate provisions of Polish labour law. Currently, Polish legislation does not know the concept of remote work, and using it in everyday language is somewhat tantamount to teleworking. The following can be considered teleworking: work performed regularly outside the workplace, using electronic means of communication, where the employee communicates the results of work to the employer, in particular through the above-mentioned means.

The principles of teleworking are defined by the employer in the regulations or, if there is a trade union organization, then in agreement with it. Irrespective of the above, the employee may submit an application to perform work in this form. If accepted by the employer, the parties to the employment contract may decide to amend the existing employment contract or add provisions to the current one. The employer is obliged to provide the employee with, inter alia, equipment necessary to perform the work and its installations.

KIELTYKA GLADKOWSKI advises its Clients, in particular foreign Client, in:

  • Determining the conditions for the use of telework;
  • Analysing documentation related to applications of employees for teleworking;
  • Establishing of teleworking relationship;
  • Transforming an employment contract into a teleworking contract;
  • Employer data protection in teleworking;
  • Legal issues of discontinuing teleworking with a foreign employer in Poland;
  • The employer’s information obligation when entering into a teleworking relationship;
  • The employer’s obligations towards the teleworker;
  • Recommendations in respect of communication between the teleworker and the employer;
  • Recommendations in respect of control of the teleworker at the place of work; protecting the privacy of the teleworker;
  • Recommendations in respect of equal treatment of the teleworker.

KIELTYKA GLADKOWSKI advises on collective reduction procedures in the number of employees in Poland (group layoffs).

Undoubtedly, a very important issue that our law office also deals with are collective redundancies, which can only be made if the employer employs more than 20 employees. Another important element is that they take place for reasons beyond the control of employees, i.e. in cases the redundancy is not the employee’s fault. The employer is obliged to apply collective redundancies if the dismissal includes:

– 10 employees if the employer employs fewer than 100 employees;

– 10% of employees if the employer employs between 100-300 employees;

– 30 employees if the employer employs 300 or more employees.

KIELTYKA GLADKOWSKI represents foreign employers in the payment of severance pay for dismissal for reasons not attributable to the employee

Pursuant to the Polish Act on the special rules for terminating employment relationships with employees for reasons not related to employees, the employer should follow criteria such as: seniority, education, qualifications, employment history when making group layoffs. Before making a group dismissal, the employer is obliged to inform the Poviat Labor Office of, inter alia, the planned number of dismissed employees and the date of the planned dismissal. However, prior to the dismissal, the employer has the right to shorten the notice period, and the employee is obliged to use the outstanding leave. Before the dismissal, the employer is obliged to make a one-off payment to employees, depending on their length of service:

One-month salary – when the employee has been employed for less than 2 years,

Two-month salary – when the employee was employed for 2 to 8 years,

Three-month salary – when the employee has been employed for over 8 years.

It is also worth noting that some groups of people, including: pregnant women, women on maternity leave, people in the pre-retirement period, union activists who are members of its management board or authorized to represent it, cannot be dismissed, but in such cases KIELTYKA GLADKOWSKI advises on changing the conditions of employment.

In the event of a change in salary, the above employees are entitled to a compensatory supplement which will realistically equal the previous salary. The above protection does not apply in the case of: liquidation or bankruptcy – in such case, the said group may be dismissed in the same way as other employees. These exemptions also apply to employees using: annual leave, parental leave, justified absence from work, sick leave, but only after the expiry of the period entitling such employees to terminate the employment contract without notice.

An unusual form of collective redundancies are monitored redundancies, which involve the participation of employees who will be dismissed in training, which is aimed at facilitating the search for and finding another job. However, for an employee to take part in such training, paid for by the employer, the employer must dismiss at least 50 employees within 3 months.

KIELTYKA GLADKOWSKI advises foreign employers on the procedure of re-employing employees in the period following the crisis at the employer

It is worth noting that if the employer starts looking for employees again, he is obliged to hire the redundant employees in the first place. Such a person has one year to report their willingness to return to work, and the employment should take place within 15 months of the termination of the employment contract, the employer also cannot refuse to employ an employee if he started hiring from the same professional group.

Trade unions play a very important role during collective redundancies, because the employer is obliged to consult them on potential redundancies.


Article 59 of the Constitution of the Republic of Poland is the basis for the activity of the unions. The main task of the unions is to defend the rights of their employees, which is illustrated by the consultations against collective redundancies, as well as the fight for workers’ rights, e.g. through strike organizations. The union may be created by 10 employees and it is entered into the Polish National Court Register. Pursuant to the Polish Labour Code, the employer is obliged to cooperate with the trade union, for example in the field of internal acts that will apply on the premises of the plant, and obstruction of the trade union activity by the employer exposes him to sanctions imposed by the National Labour Inspectorate, e.g. fines.

KIELTYKA GLADKOWSKI advises foreign Clients on legal relations with Polish trade unions and on legal issues of collective labour agreements

The trade union also takes an active part in determining internal employment sources. These are internally binding sources of labour law, such as agreements, regulations, collective labour agreements, statutes.

KIELTYKA GLADKOWSKI represents foreign Clients in procedures to negotiate collective agreements

A collective agreement is concluded between a trade union and the employer following a negotiation procedure. In the absence of a trade union in a given workplace, the creation of a collective agreement is also possible. The system and agreement are the highest in the hierarchy of internal sources of employment law. The agreement may be corporate and apply only to employees associated in a given trade union in this workplace, as well as non-corporate, i.e. covering employees of one industry, and must be registered by the Polish minister responsible for labour. Such agreements are concluded for a definite or an indefinite period.


In some cases, a foreign employer must have work regulations in its Polish workplace.

KIELTYKA GLADKOWSKI advises on the creation of such collective employment documents in the workplace.

The most common regulations are the work regulations, which define the basic principles of work performance. As a rule, the obligation to draw up regulations rests with the employer who employs more than 50 employees, but due to the activity of trade unions, the above principle may change. Regulations also include, e.g. remuneration and bonus regulations.


Our law firm also helps foreigners to enter the Polish labour market.

A person from another Member State, as well as persons having, inter alia, a Pole’s card, permit for tolerated stay, may conduct business activities under the same terms as Polish citizens. The remaining entrepreneurs have the right to conduct business only in the following forms: limited liability company, limited joint-stock partnership, limited partnership and joint-stock company.


A foreign entrepreneur, i.e. a natural person who does not have Polish citizenship, a legal person based abroad, a defective legal person based abroad, performing, economic activity abroad and a Polish citizen performing activities abroad, have the right to establish a new entity in Poland, as well as expand its operations from another country of the European Union to Poland, e.g. in the form of a branch or representative office.

KIELTYKA GLADKOWSKI provides comprehensive legal assistance to the abovementioned entities.

As a rule, according to the law, citizens of the European Union, European Economic Area and Switzerland can work in Poland without a work permit. On the other hand, foreigners from third countries must obtain a work permit, which is issued by a voivode. In a way, what is tantamount to obtaining a work permit is for example obtaining temporary residence permit or permanent residence permit, which result in obtaining a work permit. All the above documents are issued by the voivode. A foreigner wishing to obtain a work permit does not need to have a stable and regular source of income sufficient to cover the costs of maintaining himself and his dependent family members and a secure place of residence in the territory of Poland. It is worth noting that the employer applies to the voivode for a work permit for a specific foreigner on a specific post. In the event of a change in the name of the post at which the foreigner performs work, while maintaining the scope of his duties and increasing the working time with a proportional increase in remuneration, the work permit will not have to be issued again. This is an example of one of the changes accelerating and eliminating the formalities of proceedings in cases of foreigners applying for a job, as well as dealing, first of all, by the voivode with matters concerning the employment of foreigners by employers dealing with strategic areas of the state economy. It is worth noting that it is the employer’s obligation to report the employment of a foreigner, it is not an activity performed by the employee himself.

KIELTYKA GLADKOWSKI explains the changes in Polish labour law in an accessible way to foreign clients

Examples of the topic of training for foreign clients on Polish labour law

A very important change on the Polish labour market will be the amendment to the Polish Labour Code, which is to be made at the end of 2022 or at the beginning of 2023 due to the pandemic situation and new EU regulations. The most important changes will include making the duration of a fixed-term contract dependent on a trial-period contract. If the employer intends to hire an employee for a period shorter than 6 months, the contract for a trial period should be concluded for 1 month. However, if the contract for a trial period is concluded for 2 months, the employer should intend to employ the employee for more than 6 months, but shorter than 12. Another significant change for the employer will be the obligation, in the case of the employer’s obligation to conduct training, to pay for these trainings. Such training should be conducted during the work of the employee for which he will be paid. Another novelty is the possibility of including a clause in the contract regarding the obligatory resolution of a potential dispute between an employer and an employee by a mediator. Other changes concern extending parental rights by granting to the employees-parents additional days off during the calendar year.

A very important element will be the ability to perform remote work by the employee, which will replace telework, this is mainly due to the current epidemic situation. The application for remote work may be submitted by the employee himself, but also in accordance with the Act on special solutions related to the prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them, the employer may refer the employee to work remotely. The rules of remote work should also be included in the regulations binding at the employer’s facility (workplace). It is worth adding that the refusal to work remotely for an employee caring for a disabled person, raising a child up to 4 years of age and pregnant employees will only be possible due to the organization or type of work performed by the employee. The parties to the employment relationship will also be able to submit an application for return to work in the standard manner. The employer will be obliged, inter alia, provide the employee with the materials and tools necessary to perform remote work. The employee will also be able to work with the use of his own equipment, but the employee will have to receive an equivalent in return. The employer will also be obliged to cover the costs necessary to perform remote work, such as, for example, electricity. The entity entrusting the work will also gain the ability to control the employee performing remote work. This is a mechanism very similar to the control carried out in the case of teleworking currently included in the regulations. Just like the entire institution of remote work, it is somewhat similar to telework. The amended Labour Code will also introduce the possibility of occasional remote work, which will consist in the possibility of remote work by an employee up to 24 days a year, at his request.

It is worth noting that the planned changes to the Polish Labour Code will not affect personnel documents and employment certificates.

KIELTYKA GLADKOWSKI advises on the creation of employee documents and employee work certificates

The HR document is a very broad concept and their catalogue differs at the time of recruitment and work. In the first place, the employee should present his Curriculum Vitae, along with the credentials of his work experience or education. Upon admission to work, the employee should also undergo training in occupational health and safety. The next document used in the recruitment process and at a later stage of employment is a medical certificate that allows the employee to start work or continue it.

The employment certificate is also one of the most important documents that an employee should obtain after the end of the employment relationship. The certificate should include, inter alia, the period and type of work performed, positions held, circumstances of termination of the employment relationship. The issuing of an employment certificate is the responsibility of the employer and applies to all employment contracts. The document is a confirmation of the previous professional employment history and can be used for future employment.

Labour law is a very broad field, covering not only relations strictly related to employment, but also their consequences, such as bankruptcy, dismissal or employment claims. Our law firm is dealing with the above-mentioned issues on current basis, providing legal advice and representing entities before authorities, supervisory and regulatory bodies.

The acts of law comprising labour law in Poland are in particular:

Polish Labour Code (Polish Journal of Laws 1974, number 24, item 141);

Polish Civil Code (Polish Journal of Laws 1964, number 16, item 93);

Polish Code of Civil Procedure (Polish Journal of Laws 1964, number 43, item 296);

Polish Law of Entrepreneurs (Polish Journal of Laws 2018, item 646);

Polish Act on the rules for the participation of foreign entrepreneurs and other foreign persons in economic trade on the territory of the Republic of Poland (Polish Journal of Laws 2018, item 649);

Polish Act on employment promotion and labour market institutions (Polish Journal of Laws 2022, item 690);

Polish Law on Foreigners (Polish Journal of Laws 2013, item 1650);

Polish Bankruptcy Law (Polish Journal of Laws 2003, number 60, item 535);

Polish Act on Trade Unions (Polish Journal of Laws 1991, number 55, item 234);

Polish Act on special rules for terminating employment relationships with employees for reasons not related to employees (Polish Journal of Laws 2003, number 90, item 844);

Polish Act on special solutions related to the prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them (Polish Journal of Laws 2020, item 374);

Regulation of the Polish Minister of Health and Social Welfare of 30 May 1996 on medical examinations of employees, the scope of preventive health care for employees and medical certificates issued for the purposes provided for in the Labour Code (Polish Journal of Laws 2016, item 2067);

Regulation of the Polish Minister of Family, Labour and Social Policy of 30 December 2016 on the employment certificates (Polish Journal of Laws 2018, item 1289);

Regulation of the Polish Minister of Labour and Social Policy of 29 January 2013 on receivables due to an employee employed in a state or local government budgetary unit for business trips (Polish Journal of Laws 2013, item 167);

Regulation of the Polish Minister of Family, Labour and Social Policy of 8 December 2015 on applications regarding employees’ rights related to parenthood and documents attached to such applications (Polish Journal of Laws 2015, item 2243);

Ordinance of the Polish Minister of Labour and Social Policy of May 15, 1996 on the method of justifying absences from work and granting dismissals to employees (Polish Journal of Laws 2014, item 1632);

Ordinance of the Polish Minister of Labour and Social Policy of 29 May 1996 on the method of determining remuneration in the period of non-performance of work and the remuneration constituting the basis for calculating compensation, severance pay, compensatory supplements to remuneration and other receivables provided for in the Labour Code (Polish Journal of Laws 2017, item 927);

Regulation of the Polish Minister of Family, Labour and Social Policy of 10 December 2018 on employee documentation (Polish Journal of Laws 2018, item 2369);

Regulation of the Polish Minister of Labour and Social Policy of September 26, 1997 on general provisions on health and safety at work (Polish Journal of Laws of 2003, No. 169, item 1650);

Ordinance of the Polish Minister of Labour and Social Policy of 8 January 1997 on detailed rules for granting annual leave, determining and paying remuneration for the leave and a cash equivalent for leave (Polish Journal of Laws No. 2, item 14, as amended);

Directive 2009/104/EC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (codified version) (OJ EU.L.2009.260.5, Directive of 16 September 2009);

Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)

Journal of Laws UE.L.2006.204.23, Directive of 5 July 2006;

Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Official Journal EUL.2003.42.38, Directive of February 6, 2003);

Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (Journal of Laws UE.L.2002.177.13, Directive of 25 June 2002);

Directive 2001/23/EC on the approximation of the laws of the Member States relating to the protection of workers’ rights in the event of transfers of undertakings, plants or parts of undertakings or plants (Official Journal of the European Union.L.2001.82.16, Directive of March 12, 2001);

Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ EU.L.2000.303.16, Directive of 27 November 2000);

Directive 2000/54/EC on the protection of workers from the risks related to exposure to biological agents at work (Journal of Laws UE.L.2000.262.21, Directive of 18 September 2000);

Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Journal of Laws UE.L.2000.180.22, Directive of 29 June 2000);

Directive 2000/39/EC establishing the first list of indicative exposure limits to external factors at work in relation to the implementation of Council Directive 98/24/EEC on the protection of the health and safety of workers from the risks related to chemical agents at work (Journal of Laws UE.L.2000.142.47, Directive of 8 June 2000);

Directive 1999/92/EC on the minimum safety and health protection requirements for workers in workplaces potentially explosive atmospheres (Journal of Laws UE.L.2000.23.57, Directive of 16 December 1999);

Directive 99/70/EC concerning the framework agreement on fixed-term work concluded by the European Union of Industry and Employers (UNICE), the European Centre for Public Enterprises (CEEP) and the European Trade Union Confederation (ETUC) (Journal of Laws UE.L.1999.175.43, Directive of 28 June 1999);

Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (Journal of Laws UE.L.1998.131.11, Directive of April 7, 1998);

Directive 97/81/EC concerning the framework agreement on part-time work concluded by the European Union of Industrial Confederations and Employers / UNICE /, the European Centre of Public Enterprises / CEEP / and the European Trade Union Confederation / ETUC /

(Journal of Laws UE.L.1998.14.9, Directive of 15 December 1997);

Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Journal of Laws UE.L.1997.18.1, Directive of 16 December 1996);

Directive 94/33/EC on the protection of young people at work (Journal of Laws UE.L.1994.216.12, Directive of 22 June 1994);

Directive 92/85/EEC on the introduction of measures to promote improvements in the safety and health at work of pregnant workers, workers who have recently given birth and those who are breastfeeding (10th individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC ) (Journal of Laws UE.L.1992.348.1, Directive of 19 October 1992);

Directive 92/58/EEC on the minimum requirements for safety and / or health signs at work (Journal of Laws UE.L.1992.245.23, Directive of June 24, 1992);

Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (Journal of Laws UE.L.1992.245.6, Directive of June 24, 1992);

Directive 91/383/EEC supplementing measures to promote the improvement of the safety and health at work of temporary or temporary workers (Journal of Laws UE.L.1991.206.19, Directive of 25 June 1991);

Directive 91/322/EEC on the establishment of indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (Journal of Laws UE.L.1991.177.22, Directive of 29 May 1991);

Directive 90/270/EEC on the minimum safety and health requirements for work with display screen equipment (Journal of Laws UE.L.1990.156.14, Directive of 29 May 1990);

Directive 90/269/EEC on the minimum health and safety requirements when handling loads by hand where there is a possibility of a risk, in particular a back injury to workers (Journal of Laws UE.L.1990.156.9, Directive of 29 May 1990);

Directive 89/656/EEC on the minimum safety and health requirements for the use of protective equipment (Journal of Laws UE.L.1989.393.18, Directive of 30 November 1989);

Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (Journal of Laws UE.L.1989.393.1, Directive of 30 November 1989);

Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (Journal of Laws UE.L.1989.183.1, Directive of June 12, 1989).