Labour law

Labour law

We conduct audits of all employment documentation (in particular personal files) and audits aiming to showing that the employers’ day-to-day practice complies with relevant law. This is of utmost significance in the context of a change in their legal status and the introduction of ever-changing European regulations.

Our analyses take into account judicial and administrative decisions. In particular, we pay attention to the views expressed by: the National Labour Inspectorate (PIP); State Sanitary Inspection (PIS); and the General Inspectorate for the Protection of Personal Data (GIODO). Our work is undertaken to minimize the risk to our clients as much as possible.

We prepare comprehensive documentation relating to the employment relationship (employment contracts, agreements accompanying the employment contract, representations of the parties to the contract) approaching the provisions of each such document individually. We advise on how to implement the needs of Employers and Directors of HR departments in ways that are in line with law.

The labour market in Poland forces employers to optimize labour costs, which increases the popularity of civil-law contracts, task-specific contracts, contracts of cooperation, managerial contracts, and other agreements which can constitute grounds for employment). Self-employment should also be kept in mind.

These types of cooperation often involve great risk. They are also frequently questioned by labour inspectors or the Social Insurance Agency (ZUS). When conducting a risk analysis for our clients connected with their use of flexible forms of employment, we advise on solutions that allow one to minimize the risk of courts establishing an employment relationship. We also conduct court litigation with ZUS concerning payments of social insurance premiums on flexible forms of employment.

Effective recruitment allows one to employ employees with the highest competences on the labour market. The recruitment process should be primarily conducted according to law taking into account the issues of the protection of personal data, while also avoiding allegations of discrimination in employment, and maintaining the highest standards of transparency and equal treatment.

We advise entrepreneurs, managers, and HR departments on how to conduct their recruitment process smoothly and how to minimize all the connected legal risks.. We represent employers in disputes related to entering into an employment relationship.

Effective confidentiality of information concerning an employer can be decisive for their success on the market.

We advise entrepreneurs on ways to safeguard their businesses against disloyal employees. We create internal regulations concerning confidentiality of information (relevant policies for information and data protection), draw up non-competition agreements, nondisclosure contracts, and employee representations. We approach each matter individually.

We are aware how complicated the termination of an employment relationship with an employee can be. Therefore, we advise on the process from start to finish. We analyse the risks connected with a chosen course of termination, prepare an individual strategy, and draw up the necessary documentation (notice of employment termination, termination of the employment contract without notice, termination for disciplinary reasons). In particularly difficult cases, we also participate in face-to-face meetings with an employee. We represent employers in disputes with employees and who appeal the employer’s decision in the labour court.

Managerial staff are a specific group of employees who are more aware of their rights arising from the labour law. To avoid potential risks, the dismissal process of managerial employees should be planned in every detail. We offer comprehensive services to facilitate the process both at this stage of preparing an appropriate strategy and documentation including pre-trial disputes and before a court of law.

Temporary employment carries a number of benefits for employers that are unknown to a typical employment relationship, for instance, the possibility of flexible application of labour resources that match the employer’s needs. We advise on a range of issues: the use of temporary employment agencies, including review of present arrangements; the employment of temporary workers; and the optimization of current solutions. We review agreements with temporary employment agencies.

An employee handbook is often the fundamental document describing the organization of work and order in a work establishment. This means that its correct wording and implementation can help to resolve various disputable issues. Our experience allows us to draw up documents that meet the precise needs of a specific work establishment. We also write up opinions about the employee handbooks already in use, indicating their weaknesses and highlighting the downsides of the solutions currently in place. The above concerns in particular the solutions based on labour law.

We create documents that fit the needs of a particular work establishment (remuneration rules, incentives programs, reward rules) taking into account the effectiveness of the proposed solutions. When creating remuneration rules and incentive programs, we pay particular attention to their legal risks relating to the needs of equal treatment of employees. We issue opinions about rules and regulations already in place in a given work establishment pertaining to employee remuneration by analysing their content from the perspective of their compliance with law.

Polish law imposes on employers a duty to carry on social activities, one of them being the duty to establish company social benefits funds. We help to create and implement company rules and regulations. We represent employers in disputes with the Social Insurance Agency (ZUS) and also in potential disputes with labour unions. We conduct audits including the evaluation of how the funds from the social fund are spent and managed.

We assist employers in preparing at the appropriate anti-mobbing and anti-discriminatory procedures and participate in their implementation. We advise on technical issues such as the appointment of Anti-mobbing Committees and the proper conduct of internal anti-mobbing proceedings.

We represent employers in disputes with employees concerning mopping and discrimination. We conduct training for employees and employers on counteracting mobbing and discrimination.

Our specialization in issues involving working time allows us to offer our Clients appropriate support in implementing their internal regulations. We help in the proper calculation of employee working time and provide legal opinions about procedures already in place. We conduct audits of practices of implementing working time and advise in selecting optimum systems and working time timetables. We also support our Clients during audits conducted by the National Labour Inspectorate (PIP).

We help resolve doubts connected with the application of regulations on the protection of parenthood by offering employers appropriate solutions to minimize the risks. We also advise on such issues as work protection for parents, parental leave, special entitlements of parents relating to their working time and protection of their continuity of employment.

We provide comprehensive services implementing telework and distance work by preparing, inter alia, internal rules and regulations necessary to implement telework and distance work. We write telework rules and regulations. We offer a number of innovative solutions in optimizing this type of employment, in particular in managing out-of-home work that is not telework (home office).

We help in matters concerning employees’ entitlements and the associated duties of employers. In particular we analyse matters concerning the material and procedural responsibilities of employees. We draw up agreements with employees regarding their continuing professional development.  We advise employers and managers of HR departments on how to ensure fair criteria for work performance evaluation.

The labour code and implementing regulations impose a number of duties on employers concerning health and safety at work. We offer comprehensive legal assistance in the field of Health and Safety at Work (BHP). We issue legal opinions on internal documents and on Health and Safety policies (BHP) already in place. We also help in cooperating with the Social Labour Inspectorate (SIP).

The way SIP functions can generate a number of issues for employers. We advise on matters connected with contacts with SIP, in particular ensuring employers meet their legal duties towards staff and buildings.

However carefully they adhere to health and safety procedures, the most careful employer cannot prevent every accident. When performing his duties in the field of health and safety at work, the employer isn’t always able to prevent negative events. When an accident at work happens, employers must prove that they complied with safety norms and regulations.

We know how difficult the disputes concerning accidents at work can be and we offer comprehensive legal services in this respect. We analyse the validity of employee claims in the context of employer’s liability.

We provide comprehensive legal services in all phases of contact with trade unions: during negotiations; in consultations; and during collective disputes. We advise on how to best secure one’s interest within the cooperation.  Developing an appropriate strategy in your relationships with trade unions can be the key to working together effectively.

We provide services in working with employee councils, with particular regard to the employer’s duty to comply with their information obligations, i.e. submitting documentation concerning the employer’s economic situation and the employer’s HR policies to the employee council. We help the employer optimize his duties toward the employee council, ensuring that the information submitted to such bodies does not exceed the information required by law.

In practice, the institution of the European employee council is one of the most frequently used forms of information and consultation systems in a work establishment with transnational reach operating on the territory of the European Community. We offer full legal services in cooperating with the European employee council. We also write legal opinions on issues connected with such cooperation.

For some time now, European employee councils have become an arena where talks take place with the aim, first of all, of safeguarding employees against the effects of reorganization in a socially acceptable manner. We conduct these types of talks on behalf on the employer.

For the employer, all stages of a collective dispute can potentially cause significant losses and ensuring a quick and effective ending should be in the interest of both parties.

Our experience allows us to advise on solutions that prevent disputes. We provide legal support at every stage of a dispute, minimizing your risk. We prepare and implement settlement agreements concluded with trade unions.

Our extensive experience in managing group redundancies allows us to prepare strategies which are both thoughtful and meet all legal requirements. A properly constructed program of voluntary redundancies (PVR) can safeguard a work establishment against social distress. We prepare strategies that allow one to implement PVR while minimizing legal risks and negative social effects. We prepare all appropriate documentation and write legal opinions on the programs to be implemented.

In many ways, collective agreements are undervalued tools for employers. In most cases, a collective agreement takes place at the trade union’s initiative. In such a situation, it is worthwhile to protect the employer’s interests as well.

Bearing in mind how difficult the process of concluding a collective agreement is, we assist our clients in the negotiating process with trade unions, draw up drafts of proper collective agreements, and also write legal opinions about the provisions of proposals by trade unions. We also review agreements that are in place and advise clients on issues regarding their termination.

The process of transferring a work establishment to another employer can generate a significant number of issues. To ensure a maximally smooth transition, we approach each such situation individually.

We carry out employee transfers evaluating the risks of the proposed solutions and minimizing negative effects for the employer.  We maximize positive aspects that can arise from the transfer of employees.

We conduct negotiations on behalf of our Clients in matters of broadly understood labour law, in particular with trade unions, employees, former employees, and managers. We conduct both pre-trial and during court proceedings negotiations. Our expertise in labour law means we can ensure you negotiate with maximum efficiency and effectiveness.

We assist our Clients in court litigation, in particular against employees, former employees, managers, the Social Insurance Agency (ZUS), and the National Labour Inspectorate (PIP). We devise individual strategies for litigation, prepare submissions, including means of recourse, and deputise for our Clients in court proceedings. Our lawyers have successfully represented our clients many times before the Supreme Court.

We support our Clients in multiannual strategic plans for employers, indicating the long-term effects of their adopted solutions. We provide legal opinions on the strategies adopted by employers. Our expertise and broad experience allow us to create internal organizational structures with the objective of building long-term relations with labour unions or for planned reorganization and restructuring of the employer’s structures.

Intellectual property such as inventions or patents are a frequent product of employment relationships. We advise our clients on how the employer can ensure full rights to such property and how to secure their interests effectively. We prepare proper documentation and write legal opinions on the solutions currently in place in HR departments. We analyse remuneration issues arising from the transfer of copyright.

The development of technologies has increased the possibility for monitoring and control of employees at work (monitoring, GPS in a business car).  The employer who performs such controls improperly exposes himself to a number of risks. We advise on the various solutions which in this context are in line with the law. We issue legal opinions concerning current solutions. We create internal regulations that are adjusted to the needs and possibilities of work establishments, including alcohol and drug policies.

Employing athletes requires knowledge of the specificity of such a market. Work provided by an athlete is very hard to place within the frames of a typical employment relationship. We provide comprehensive assistance in hiring athletes, indicating optimal solutions and preventing possible issues relating to such employment.

We work alongside the best tax law specialists in Poland which allows us to give thorough and authoritative advice on matters of tax and social insurance law.