LABOUR CODE 1974

The labour code defines the rights and duties of employees and employers (art. 1)

Employee a person employed on the basis of an employment contract (or an

appointment powoanie, an election wybr, a nomination mianowanie) art. 2

Employer an organisational unit (even if it has no legal personality) or an

individual employing employees art. 3

REGULATION OF LABOUR RELATIONSHIP:

a) labour code,
b) other acts
c) by-acts to the labour code
d) collective labour agreements (agreements between employer and all the
employees)
e) regulations and statutes given by the employer
f) employment contract
the provisions of d) e) f) which are less favourable to an employee than the norms of
labour law (code) are not valid.

BASIC PRINCIPLES OF POLISH LABOUR LAW rights of employee

right to work (the right to choose the work freeley)
respect of personal rights of the employee
equality of employees
prohibition against discrimination in employment
right to respectful remuneration
right to rest
right to healthy and safe working conditions
privilege of employes in favour of the employee
right to unit (trade unions)

LABOUR RELATIONSHIP -
art. 22 par 1 By establishing the employment relationship, an employee undertakes
to perform work of a specified type for the benefit of an employer and under his
supervision, in place and the time specified by the employer; and the employer
undertakes to employ the employee in return for remuneration.

Employment under these conditions is considered as labour relationship, even if the

parties have concluded different kind of the contract.

When a work establishment or its part is transferred to another employer, that

employer becomes a party of the labour relationship under the same conditions (art.
231)
EMPLOYMENT CONTRACTS:
1) for an indefinite period of time
2) for a definite period of time
3) for the time of the completion of a specified task
and
4) for a trial period
5) for substituting another employee

If the employment on the contract or contracts for a definite period lasts longer than
33 months is transforms into the contract for an indefinite period of time (there are
some exceptions) - art. 251

The labour contract must be made in writing, but if it is not - it is also valid, and the
employer must give the written confirmation of the conditions of the contract (art. 29)

TERMINATION OF AN EMPLOYMENT CONTRACT

1) mutual consent of the parties
2) termination with notice upon the declaration of one of the parties (after the
notice period)
3) termination without notice period - upon the declaration of one of the parties
(immediately)
and
4) expiry of the time if the contract was for a definite period
5) completion of the task if the contract was concluded for this task
and
6) the death of an employee

THE STATEMENT OF THE TERMINATION OF AN EMPLOYMENT

CONTRACT BY THE EMPLOYER
1) made in writing
2) must provide grounds (reasons) justifying the termination of the contract
(the more details the better)
3) must include the information on the right to appeal to the labour court

TERMINATION OF AN EMPLOYMENT CONTRACT WITH NOTICE

* contract for an indefinite or definite period of time:

- different periods of notice
# 2 weeks
# 1 month
# 3 months (if an employee has been employed for at least 3 years)
* contract for an indefinite period of time - the employer must give any
reasons/explanations of his decision
* contract for a definite period of time - he employer needn't give any
reasons/explanations of his decision

The notice of termination of the contract can't be done (art. 39-41 + other):
to an employer who will reach the retirement age in not more than 4 years
during a leave or any other justified absence of the employee
to a pregnant woman
to a person protected by the trade union
etc. - to the member of the comunity council without the agreement of the council

CHANGING NOTICE the specific kind of notice in which the new conditions of
the contract are proposed in writing
== the employee can:
- accept new conditions,
- do nothing = he accepts,
- in the first half of the notice period he can reject new conditions, so the contract
finishes with the end of the notice period

APPEAL AGAINST NOTICE

an employer may appeal (make the petition) against the termination of an
employment to the labour court (art. 44)
the employee has only 7 days since the letter notifying of the termination of the
contract is delivered to him (art. 264)
the court can (art. 45):
declare the notice of termination ineffective,
decide on reinstating the employee in his job on the previous conditions
decide on compensation (if the employee prefers to get the compensation or
reinstating him in his job is impossible or pointless) generally no more than
remuneration for 3 months

The employee reinstated in his job is entitled to remuneration for the period of being
out of work (generally for no more than 1 or 2 months, but if he was specially
protected for all the time without work) art. 47.

TERMINATION OF AN EMPLOYMENT CONTRACT WITHOUT NOTICE

= the contract finishes immediately

An employer may terminate an employment contract without notice through the fault
of the employee (art. 52):
1) in the event of grave violation of the employee's basic duties,
2) if the employee commits a crime which makes the further employment impossible
(valid sentence of the court),
3) if the employee, through his fault, loses a licence required to perform work in the
occupied job position.
- not later than 1 month since the employer got the information about the facts
which can be the reason of the termination of the contract;
or
through no fault of the employee (art. 53)
1) if the employee in unable to work as a result of an illness (which last too long -
longest period is 6 months)
2) if the employee in absent at work as a result of other justifiable reason lasting or
more than 1 month

An employee may terminate an employment contract without notice if (art. 55):

1) health conditions don't let him do this work ,
2) an employer has commited grave violations of his basic duties towards the
employee (in this situation employer is entitled to the compensation for the period of
notice).

Both parties can APPEAL TO THE COURT in 14 days since the letter notifying of
the termination of the contract is delivered to them (art. 264)
THE EMPLOYEE can ask for:
reinstatement on the former conditions
remuneration for the time of being out of work (1-3 months)
or
the compensation = the remunaration due for the period of notice
THE EMPLOYER can ask for:
compensation (= the remunaration due for the period of notice)

REMUNERATION FOR WORK

remuneration for work performed
remuneration for readiness for work and for the work stoppage
no remunaration for the defective work

DUTIES OF THE EMPLOYER:

make employees familiar to their duties and basic rights
organize work correctly
ensure healthy and safe working conditions
pay remuneration timely and correctly
satisfy social needs of employees
conduct and keep documentation
act against workplace bullying (mobbing)