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Prawo pracy - obsługa spraw związanych z przepisami kodeksu pracy

Labor law

We handle cases related to labor law based on the provisions of the Labor Code. We prepare templates for employment-related documents, workplace regulations, and legal opinions, and represent both employees and employers in court disputes.

Labor Law – Handling Cases Related to the Labor Code Regulations

Labor law is a branch of law that regulates the relationship between employers and employees, based on the provisions of the Labor Code. It covers rules related to employment, working conditions, wages, and the rights and obligations of both parties. Its aim is to ensure fair conditions in the labor market, protect employees from employer abuses, and regulate disputes and conflicts in the workplace.
Labor law includes regulations on employment contracts, working hours, wages, rest periods, vacations, and occupational health and safety. In many countries, there are institutions responsible for enforcing labor law regulations. In Poland, this role is fulfilled by the National Labor Inspectorate (Państwowa Inspekcja Pracy).

Our services include:

  • Legal support and preparation of the employment contract process, including templates for contracts, regulations, etc.
  • Dedicated training for employers and management
  • Audit of documentation related to employer obligations, including GDPR documentation
  • Drafting legal opinions and ongoing legal advice
  • Employee mediation
  • Representation of employees or employers in labor disputes
  • Legal services for the dismissal and hiring of management personnel
  • Representation and advice on non-compete and conflict of interest matters
  • Legal handling of whistleblower reports

Audiatur et altera pars (ad Sen.Med. 199-200, Dz. 25.17) – Let the other side be heard as well.

Definicja stosunku pracy zgodnie z przepisami ogólnymi Kodeksu Pracy

According to Article 22 § 1 of the Labor Code, by establishing an employment relationship, the employee commits to performing work of a specified type for the employer, under the employer’s direction, and at a place and time designated by the employer. In return, the employer is obligated to employ the employee for remuneration.
Therefore, what primarily distinguishes an employment contract from other types of agreements is the employee working under the employer’s supervision, the specification of the place and time of work, and the obligation of remuneration. Details about the differences between an employment contract and a contract of mandate can be found here. On our part, we prepare employment contract templates and review those already created, ensuring that our clients comply with labor law regulations regarding the conclusion and form of employment contracts.

Employee Rights and Obligations

Employee rights form the foundation of any fair relationship between employer and employee. They cover key issues such as the right to safe and healthy working conditions, fair compensation for work performed, and limitations on working hours to ensure a balance between professional and personal life. Additionally, employees are entitled to appropriate working conditions, including protection against discrimination based on gender, age, ethnicity, sexual orientation, or disability. Employees also have the right to representation in disputes with their employer and the right to participate in trade unions. The value of these rights lies not only in their existence but also in their enforcement and respect, which is crucial for building a fair and equal work environment.
On the other hand, employee obligations are a key element of efficient and harmonious work within any organization. In addition to performing their assigned duties with dedication and professionalism, employees are required to adhere to safety and health regulations, ensuring the safety of themselves and others. They should also respect the ethical norms and rules of the workplace, maintaining respect for colleagues and supervisors. Proper use of company resources and adherence to organizational policies, including data protection and confidentiality regulations, are also important responsibilities. Employees are expected to embrace personal and professional development by continuously improving their skills and learning new techniques or procedures related to their work. In summary, employee obligations are the foundation of fair and effective cooperation in the workplace, contributing to the success of both individuals and the entire organization.

Employer Obligations

Employer obligations are crucial for ensuring a fair and safe working environment for all employees. First and foremost, the employer is responsible for providing safe working conditions, including access to appropriate equipment and safety training. Additionally, the employer must ensure lawful compensation for work, with timely payments in compliance with regulations regarding minimum wage standards.
The employer is also obligated to prevent all forms of discrimination and ensure equal treatment of all employees, regardless of gender, age, origin, or sexual orientation. Additionally, the employer must respect employees' rights to representation, collective bargaining agreements, and participation in trade unions, as well as adhere to regulations concerning working hours and rest periods.

Work Organization – Establishing Employment, Working Hours, Employee Compensation Rules

As a law firm specializing in labor law, we offer comprehensive support to employers in employment matters and work organization. We prepare employment contract templates, internal documents such as workplace regulations and compensation policies. We also provide training for employers, their management teams, and HR staff on employer obligations and employee rights related to employment, as well as the application of labor law in the workplace. We explain issues such as working time, seniority, remote work rules, vacation and maternity leave, procedures for workplace or commuting accidents, and other employee benefits during the employment relationship.
We explain the rights employees are entitled to under an employment contract, including the protection of wages, their personal data (in accordance with GDPR), as well as other employee rights and obligations. As part of our services, we handle individual and collective dismissal processes, matters related to the conclusion of management contracts, and violations of non-compete agreements and conflicts of interest.

Termination of Employment Contract in Accordance with the Labor Code

We provide legal advice and draft opinions for both employers and employees on matters not only related to establishing an employment relationship but also regarding the termination of working conditions and pay, or the termination of the employment contract by mutual agreement, with or without notice. We pay particular attention to issues surrounding the termination of an employment contract without notice, due to reasons concerning either the employee or the employer.
We consider the rights and obligations of both parties in the employment relationship and provide opinions on whether this form of contract termination is appropriate for a specific case. We offer legal advice related to ending the employment relationship, including effective notification of the employee, the commencement of the notice period, and the issuance of a work certificate, which the employer is obligated to provide to the employee.

Representation in Labor Disputes

We represent clients in court disputes between employee and employer or between employees, particularly in cases of unjustified termination of employment, as well as issues related to the violation of employee rights, such as equal treatment, workplace safety and hygiene, mobbing, or discrimination in the workplace.
Representing employees in labor disputes is a crucial legal area that requires both specialized knowledge and empathy. Clients often need support and representation in conflict situations with their employer, such as discrimination, mobbing, or unfair dismissal. Labor law specialists strive to understand the client's perspective and protect their rights. Representation in labor disputes demands not only legal skills but also communication and negotiation abilities to achieve the best possible outcome for the client. The ultimate goal is to ensure justice and protect the client’s interests in challenging employment-related situations.

Need help? Contact our law firm!

If you are interested in legal services related to labor law, please feel free to contact our Law Firm by filling out the contact form or via email at: kontakt@kancelaria-jp.pl.


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