Magdalena Świtajska
Posting workers to Poland? Learn about your duties before the Polish authorities
The Act on Posting of Employees for Performance of Services of 10 June 2016, implementing the Posting of Workers Directive (96/71/EC) and the Enforcement Directive (2014/67/EU), imposes a number of obligations on foreign employers posting their employees to Poland which may prove difficult to implement in practice.
12 things worth knowing about labour litigation in Poland
Both employers employing staff in Poland at Polish branches, representative offices or affiliated companies and employers employing staff in Poland without any legal presence here may become a party to employment-related litigation, namely a lawsuit brought by an employee or ex-employee before a Polish court.
Payroll documentation may be relevant many years later
Properly maintaining and storing payroll documentation may prove highly important even many years after an employee ceases working with the employer.
Legalisation of employment and stay of foreigners in Poland from 1 May 2014
Temporary stay up to 3 years, application for a stay permit up to the day before the visa expires, and a single permit for stay and work: These are just a few of the advantages introduced by the new Foreigners Act.
Delegation of employees to work abroad
Current law does not provide any special regulations for an employer in Poland delegating an employee to perform work abroad, but delegation abroad may be carried out on the basis of the general regulations of employment law.
Assigning different work to an employee without issuing an amending termination notice
The Labour Code enables an employer to assign work to an employee differing from the work described in the employment contract without formally amending the contract, but this does not mean boundless discretion to change the employee’s working conditions.
How far does a trade union's right to information extend?
An employer has a duty to share with a trade union only information that is necessary to conduct union activity. But this covers a wide range of information about the employer’s situation.
Employment relationship in Poland under foreign law - is choice of law useful?
Wybór prawa obcego do umów o pracę wykonywanych w Polsce nie wyłącza stosowania do nich większości przepisów prawa polskiego.
Illegally hired foreigner does not have to be deported
The province governor cannot issue a decision to deport a foreigner who was illegally hired if the hiring is legalised during the course of the deportation proceeding by obtaining the required permits and complying with the applicable procedures.
Personnel files: in Polish, in writing, and for 50 years
The Labour Code and other regulations require employers to maintain personnel files and other employment documentation, governing such specific issues as the language and longevity of the documentation.
Long-term employment of Russian, Ukrainian and Belarusian citizens in Poland
Solutions gradually being introduced to enable hiring in Poland of citizens of the Russian Federation, Ukraine and Belarus, as well as Georgia and Moldova, are helpful mainly for short-term employment.
Severe sanctions for illegal hiring of foreigners
Magdalena Świtajska from the Employment Law practice group at Wardyński & Partners explains the sanctions faced by employers for illegally hiring foreigners and by foreigners working illegally in Poland.
