Polish Labour Law provides a framework for terminating employment, balancing protections for employees with flexibility for employers. Here's a breakdown of key regulations:

Lawful Grounds for Dismissal

Employers in Poland must have valid reasons to terminate an employment contract. These grounds fall into three main categories:

• Reasons related to the employee:
  • Employee's fault (e.g., misconduct, negligence, breach of duties)
  • Loss of skills or qualifications necessary for the job
  • Long-term sickness
• Reasons related to the employer: Typically due to economic, organizational, or technological changes impacting the workplace.
• Reasons unrelated to either party: External factors like liquidation of the company.

Notice Requirements

Notice periods in Poland are primarily determined by the type of employment contract:

• Indefinite-term contract: Notice periods vary based on length of employment with the employer:
  • Less than 6 months: 2 weeks' notice
  • 6 months to 3 years: 1 month's notice
  • More than 3 years: 3 months' notice
• Fixed-term contract: Specific termination terms should be included in the initial contract.
• Trial period: Typically up to 3 months with shorter notice periods.

Employers must provide written justification for dismissals, especially in cases related to employee conduct or performance.

Severance Pay

Severance pay in Poland is mandatory in certain termination scenarios:

• Reasons related to the employer: Applicable when termination is due to economic factors or organizational changes. The amount depends on the employee's length of service.

Additional Considerations

• Employees under special protection (e.g., pregnancy, trade union membership) have additional termination safeguards.
• Employers must consult with trade unions on collective redundancies.

Poland has a comprehensive set of laws that protect individuals from discrimination in various areas, including employment. These principles are enshrined in both the Polish Constitution and the Labour Code.

Protected Characteristics

The anti-discrimination laws in Poland explicitly forbid discrimination based on several characteristics. These include sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religious convictions, sexual orientation, and employment status (definite or indefinite term, full-time or part-time). It's important to note that this list is not exhaustive, and there may be potential protection for other characteristics.

Redress Mechanisms

If individuals experience discrimination in Poland, they have several options for seeking redress. They can report to the Commissioner for Human Rights (Ombudsman), an independent body that investigates discrimination complaints and offers support to victims. Victims can also initiate civil proceedings against the discriminatory party, seeking compensation or other remedies. Additionally, employees who face workplace discrimination can report violations to the National Labour Inspectorate, a government agency.

Employer Responsibilities

Employers in Poland are legally required to uphold anti-discrimination principles. This includes ensuring equal treatment in all aspects of employment, creating a workplace environment free from harassment and discriminatory behavior, providing accommodations for employees with disabilities where necessary, and developing and implementing policies that promote diversity and inclusion.

Polish Labour Law establishes clear standards for working conditions, ensuring a balance between employee well-being and employer flexibility.

Work Hours

The average workweek in Poland is 40 hours, with a maximum of 8 hours per day. Employers and employees can agree on flexible work arrangements, such as part-time work or flexitime. Overtime work is allowed under specific conditions and with limitations. Total working time, including overtime, cannot exceed an average of 48 hours per week in a settlement period, typically 4 months.

Rest Periods

Employees are entitled to a minimum of 11 uninterrupted hours of rest between workdays. A minimum of 35 hours of uninterrupted weekly rest is required, which can be reduced to 24 hours in certain circumstances. Employees have the right to breaks during the workday. The minimum break duration is 15 minutes for a workday longer than 6 hours. For employees working with computer screens for more than 4 hours daily, an additional 5-minute break after each hour of such work is mandatory.

Ergonomic Requirements

Polish regulations emphasize the importance of ergonomic workplaces to prevent musculoskeletal disorders. The employer is responsible for assessing workstations to identify potential risks and implementing necessary improvements. They are also responsible for furnishing employees with ergonomic furniture, tools, and workstations that minimize physical strain. Additionally, employers must provide employees with training on proper work postures and safe work practices to prevent injuries.

Poland prioritizes worker well-being through a comprehensive framework of health and safety regulations. Understanding these regulations is crucial for both employers and employees.

Employer Obligations

Polish employers hold the primary responsibility for ensuring a safe and healthy work environment. Key obligations include:

• Risk Assessment: Employers must proactively identify potential hazards in the workplace and implement control measures to mitigate risks.
• Safe Work Practices: Establishing and enforcing safe work procedures for all tasks performed by employees.
• Provision of PPE: Providing employees with Personal Protective Equipment (PPE) appropriate for the specific risks associated with their jobs.
• Training and Instruction: Employees must receive proper training and instruction on health and safety regulations, safe work practices, and the use of PPE.
• Medical Examinations: Arranging mandatory medical examinations for employees, depending on their job positions and potential health risks.

Employee Rights

Employees in Poland have a right to a safe and healthy work environment. This includes:

• Refusal of Unsafe Work: Employees can refuse to perform work tasks they believe pose a serious threat to their health or safety.
• Access to Information: Employees have the right to access information on health and safety risks associated with their work and the measures taken to control them.
• Participation in Health and Safety Matters: Employees have the right to participate in consultations on health and safety matters through employee safety representatives or trade unions.

Enforcement Agencies

Several agencies work collaboratively to enforce health and safety regulations:

• National Labour Inspectorate (PIP): Conducts workplace inspections, investigates accidents, and issues corrective orders for non-compliance.
• Social Insurance Institution (ZUS): Monitors workplaces for compliance with health and safety regulations related to accident prevention and social insurance contributions.
• Sanitary Inspection (Sanepid): Ensures workplaces meet hygiene and sanitary standards.