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We advise employers on a day-to-day basis and represent them during inspections and in disputes, and we help employees enforce their rights before the labour court. We also specialise in services for employment agencies and the posting of workers.
We speak Polish, English, Ukrainian and Russian · meetings at our office at ul. Lwowska 2/8 or online
Employment contracts and other agreements, work and pay regulations, remote work rules, personnel files, internal policies and anti-mobbing procedures.
Preparation for inspections, participation in inspection activities, objections to reports and appeals against decisions – including on the legal employment of foreigners.
Notice, termination by agreement, summary dismissal – preparing the documents, the justification and consultations with trade unions.
For employees and employers: appeals against dismissal, pay and overtime, severance, mobbing and discrimination, employment certificates.
Services for temporary work agencies and companies posting workers abroad – contracts with workers and clients, A1 certificates, inspections and disputes.
Legal employment, employer obligations and contracts with workers from abroad – see Residence and work of foreigners.
An appeal against notice or termination of an employment contract must be filed with the labour court within 21 days of delivery of the letter (Article 264 of the Labour Code). When giving notice of an indefinite-term or fixed-term contract, the employer must state the reason.
Employment claims, e.g. for unpaid wages, are as a rule time-barred after 3 years from the date they became due (Article 291 § 1 of the Labour Code).
You have 21 days from delivery of the notice to appeal to the labour court. It is worth checking immediately whether the reason given is true and specific and whether the correct procedure was followed.
As a rule, an employee does not pay a court fee on the claim if the value of the dispute does not exceed PLN 50,000. If the employee loses, however, the court may order them to pay the other party’s legal representation costs.
Check contracts and personnel files, working time records, overtime settlements, health and safety training and documents on the legal employment of foreigners. We carry out such a review before the inspection.
Yes – on an ongoing basis or ad hoc for specific matters.
Termination without notice due to the employee’s fault is possible, among others, in the event of a serious breach of basic employee duties (Article 52 of the Labour Code). The employer has one month from learning of the circumstances justifying dismissal and must state the reason in writing. Mistakes in this procedure often lead to losing the case before the labour court.
Yes. If work is performed under the direction of the employer, at a place and time set by them, it is employment under an employment relationship – regardless of the name of the contract (Article 22 § 1¹ of the Labour Code). Incorrect classification may lead to a court establishing an employment relationship, outstanding social security (ZUS) contributions and penalties after a Labour Inspectorate (PIP) inspection.
In simple terms, mobbing is persistent harassment or intimidation of an employee that leads to their humiliation, ridicule, isolation or a lowered assessment of their professional usefulness (Article 94³ of the Labour Code; the definition has recently been the subject of legislative work). The employee may claim compensation for harm to health and, if they terminated the contract because of mobbing, damages. The employer is obliged to counteract mobbing.
It depends on the foreigner’s nationality and basis of stay – a work permit, a declaration on entrusting work or a notification to the labour office may be required, while some people have free access to the labour market. The employer must, among others, check the residence document and keep a copy of it. Details are on our page on residence and work of foreigners.
Legal basis: Labour Code of 26 June 1974; Act of 28 July 2005 on Court Costs in Civil Cases; Act of 9 July 2003 on the Employment of Temporary Workers; Act of 13 April 2007 on the National Labour Inspectorate. The information on this page is general and does not constitute legal advice in an individual case.
Please briefly describe the matter and send the documents, e.g. the notice or the inspection report. We will tell you the possible steps and deadlines.
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K&P Kancelaria Prawna Kania Pavlenko sp.k.
ul. Lwowska 2/8, 30-548 Kraków
KRS: 0000740805
NIP: 6772436309
REGON: 380802185
Office: send a message ✉
Opening hours: Mon–Fri 9:00–17:00
The controller of personal data is K&P Kancelaria Prawna Kania Pavlenko sp.k., Kraków. Details: Privacy policy.
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