Employment relationship Contract of employment
Kamila Siejka
Labour law
Constitutional principles exclusively the principles of labour law:
• state supervision of compliance with labour laws (Article 24),
• right to equal treatment (Article 33),
• freedom of labour (Article 65),
• right to the minimum remuneration (Article 65),
• right to healthy and safe working conditions and right to rest (Article 66),
• right of coalition and right to bargain collectively, right to resolve labour disputes (Article 59),
• and principle of social dialogue (Article 20).
Labour law - art. 9 Labour Code
Labour law includes the provisions of the Labour
Code and the provisions of other laws and
implementing acts regarding the rights and duties
of employees and employers, as well as provisions
of collective labour agreements and of other
collective agreements based on the laws, internal
rules and statutes concerning the rights and
obligations of the parties to an employment
relationship.
Labour law - art. 9 Labour Code
Labour Code and other laws
collective labour agreements and other collective agreements
internal rules and statutes
Hierarchy
Employment relationship
Art 22 § 1.
By establishing an employment relationship, an employee undertakes to perform work of a specified type for the benefit of an employer and under his supervision, in a place and at the times specified by the employer; the employer undertakes to employ the employee in return for remuneration.
Concept of obligation: mutual obligation of two parities, an
employer and employee, under which the employee undertakes to perform work for and under the direction of the employer, against
remuneration, and the employer undertakes to employ the
employee.
Employment relationship
Characteristics 1) personal performance of work
2) remuneration for the performed work 3) subordination of an employee
4) direction of the employer
5) risk of the employer (economic, personal, social) 6) location of work
7) time-limiting of work
Employment relationship
Employee employment 1) employment contract
2) an appointment 3) an election
4) a nomination
5) a co-operative employment contract
Non-employee employment 1) institutional
2) administrative 3) penal law
4) civil law (contract for provision of services, contract of
mandate, contract for specific
work)
Employment relationship
Employee art. 2
person employed on the basis of an employment contract, an appointment, an election, a nomination or a co-operative employment contract.
Employer art. 3
an organisational unit, even if it has no legal personality, or an individual, provided it employs employees.
(managerial concept)
Parties
Employment relationship
internal external
• Article 51 Constitution of the Republic of Poland
No one may be obliged, except on the basis of statute, to disclose information concerning his person.
• Act of 10 May 2018 on the protection of personal data
• Art. 22 (1) Labour Code
Recuitment
Employment relationship
• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Data Protection Regulation)
Employment relationship
Data which an employer may demand from a job candidate
a) personal data identifying a person (name(s) and surname, names of parents, date of birth, residential address or address for correspondence),
b) personal data based on which an employer may verify whether the candidate is suitable for the job (education, employment history)
• The Regulation of the Minister of Labour and Social Policy of 28 May 1996 on the scope of documentation kept by employers in matters relating to employment relationship and the method for keeping personnel files
• an employer may demand other personal data, provided the duty to present them results from separate provisions.
Recuitment
Employment contract
Contracts of definite duration
contracts for a probationary
period
contracts for a fixed term
Contracts of indefinite duration (open- ended contracts)
contracts for an indefinite term
The contract of definite duration provide that their term is specified and upon
the expiration of such term such contracts terminates by operation of law,
with no need for any additional activities.
Contract for a probationary period
• art. 25
• optional
• purpose: verify the employee's qualifications and the possibility of employing him/her to perform a specific job, employee may verify conditions offered during recruitment
• easily terminable
• up to 3 months
• may be concluded only once with one and the same candidate (unless a period of at least 3 years has passed from the date of termination or expiration of the previous contract, of the employee is to be employed for the performance of work of the same type)
• art. 34; the periods of termination notice:
3 "working" days if the probationary period does not exceed 2 weeks 1 week if the probationary period is longer than 2 weeks
2 weeks if the probationary period is 3 months
Contract for a fixed term
• art. 25 (1); term must be determined at the time of its conclusion, may be specified as: 1) a period, 2) a calendar date, 3) other further event (certain and not dependent on the will of the parties to the contract or third parties)
• can be concluded for a maximum of 33 months
• it is possible to conclude only 3 of such contracts in a row
• the contract which exceeds the total of 33 months or is a 4th in a row will be considered as the contract of indefinite duration
• the presumption of existence of the contract for indefinite term does not occur if the contracts have been concluded:
1) for replacement of an employee during his excusable absence from work 2) for the performance of casual work or seasonal work
3) for the performance of work for the duration of the term of office 4) when employer specifies objective causes on the employer's part
