| 1. Is it a legal
requirement that employees must receive an employment
contract ? |
Under the Polish Labour Code (PLC)
a contract of employment is preferable although a statement
of terms and conditions must be provided within 7 days
of the start of the employment identifying the main
conditions. There is a fine (equivalent of USD 1250)
for failure to provide a written statement. |
| 2. What factors constitute
a fair dismissal i.e.legally justifiable reasons to
terminate employment without the need to pay compensation?
|
By agreement (in writing); by notice
(e.g. agreed notice period)- consultation with appropriate
trade union, and identifying the reason for termination.The
PLC introduces many restrictions or prohibitions in
relation to the termination of employment contracts
(e.g. due to personal and family reasons, during holidays,
maternity leave, or if employees are serving as members
of a management board).Contracts can be terminated for
substantial reasons (e.g. gross misconduct, criminal
offences) but there must also be consultation (as above)
and a statement of the reason (to be provided within
one month). Employees have the right to appeal. |
| 3. What is good practice
with regard to dismissal procedures to minimise the
risk of claims for unfair dismissal? |
Advice regarding notice periods,
reason for the dismissal and consultation with unions
(as stated above) |
| 4. If an employee
is dismissed unfairly what is the financial range of
compensation that can be made to employees? |
If terminated by notice the employee
may be reinstated and compensated for loss of salary
(from 2 weeks up to 3 months). Even if the contract
is terminated with immediate effect, the employee may
claim reinstatement (and lost salary) or compensation
(equal to his notice period), although the employer
may also counter claim for compensation. |
| 5. Do employees have
the right to be members of a trade union? |
Yes, if the trade union is court
registered. |
| 6. Is there any legal
requirement for an employer to contribute to a pension
for employees? |
Employer contributions as part of
the social security system. |
| 7. What are standard
maternity rights? |
Rights against unfair dismissal,
and social welfare rights e.g. avoidance of night work;
business trips; right of transfer of position (and compensation
if lower pay entitlement); right to medical visits;
paid maternity leave (see below); extended work breaks
after the birth. |
| 8. What are parental
leave rights (including paternity leave)? |
Maternity: up to 20 weeks depending
on the number of children; up to 14 weeks for adoptions
- unused female maternity leave can be granted to her
husband.Childcare leave: both male and female employees
are equally entitled to 3 years unpaid leave, after
six months employment, up to age 4 of the child. This
can be extended in special circumstances, e.g. health
of the child. Additional 2 days per year child leave
for parents with children under the age of 14. |
| 9. When are employees
eligible for redundancy payments? |
If the employment contract is terminated
for economic or organisational reasons; in companies
with more than 20 employees; the company dismissed 10%
of employees within 3 months. |
| 10. What are the
statutory redundancy payment limits? |
1, 2 or 3 months remuneration depending
on the length of service. Cannot exceed 15 times the
minimum wage (currently USD 190 per month) |
| 11. Can existing
employees be dismissed if you buy a business with employees? |
No, all the rights of the employees
remain unaffected. An employer must provide 1 months
notice of such a transfer - the employees cannot object
but they can terminate their employment agreements. |
| 12. Any other general
legislation? |
Disability discrimination; equal
treatment of men and women; working time regulations;
harassment at work regulations; data protection; payment
of overtime hours; company social funds (in companies
employing over 50 staff); wages and work regulations
(in companies employing over 20 staff). |
