Labour law

Human capital is among the most important determinants of success in business. Thus, the widely understood labour law seems of key importance when taking decisions in respect of the business activity conducted by the company.

At the same time however, interpretations of labour law provisions are often challenged and in such situations it proves essential to be conversant with the most recent jurisprudence, the standpoint adopted by the National Labour Inspectorate and the tax authorities as well as the commonly applied practices. Errors in applying labour law may not only lead to proceedings before labour courts but also end in penal proceedings and disputes with tax authorities.

The appropriate shaping of both individual and collective employment relations makes it possible to avoid labour disputes, but primarily, it is necessary for effective operation of businesses. Creating clear, fair and lawful rules of work organisation, especially in the scope of issues linked with work time and remunerations, ensures a favourable environment for companies to prosper and stimulates employees’ productivity.

In response to our Clients’ needs and expectations, our labour law team composed of well-trained specialists offers comprehensive services at all stages of the company’s activities:

Assistance in shaping the content, establishing and terminating employment relationships:

The content of employment relationships is determined both in individual contracts between the employer and the employee and in company regulations and bylaws.
The actions related to creating, changing or terminating employment relations or introducing or changing company regulations are burdened with many procedural requirements and thus, may trigger conflicts and management-related difficulties. Company bylaws and regulations should be closely connected with the specifics of the company’s activity and its business model.
If employment contracts, work and salary regulations are drawn up correctly, it is easier to introduce changes in organisation or remuneration schemes later. What is more, negotiations with employees or employment contract terminations can be avoided, which in turn may spare the Company unscheduled costs.
Terminating an employment relation or changing it by a unilateral statement of the employer, especially when it concerns groups of employees, is inevitably associated with a risk of a court dispute. In view of the potentially material costs that the employer may have to bear and the penal legal implications of decisions on employment matters, one should consider consulting a professional adviser first.

• We prepare packages of template employee documents (including non-competition agreements and material and legal liability statements).
• We negotiate and draft management contracts.
• We draft and negotiate introduction of or changes to collective agreements, work regulations, remuneration and bonus systems, and company’s social benefits’ funds.
• We advise on selecting work time systems and schedules as well as remuneration systems.
• We advise on terminating employment relations, we also provide support in collective redundancies.

Negotiations with employees’ representatives:

Even though there are fewer labour unions now than ever before, trade union organisations as well as other forms of associations representing employees still hold their place in many enterprises and must be perceived as important partners. Changes to and introduction of new company regulations or downsizing / employment reductions especially need to be consulted with the representatives of the company’s employees. Our experienced lawyers will help you properly shape your relations with your local trade unions, inter-company unions as well as the representatives of other associations of employees.
We represent employers in collective disputes and negotiations with employees’ representatives.
Advisory on transfers of workplaces in whole or in part Transfers of workplaces in their entirety or in part to new employers in result of mergers or sales of enterprises are quite frequent nowadays, since they are linked with the rapid development of the global economy. Such processes tend to be complicated and may trigger various consequences, also in the area of labour law. Prior to undertaking any actions in this respect it is recommended to conduct a thorough examination of the acquired establishment and to make sure that all consequences of the transfer are known.

• We conduct due diligence reviews and prepare comprehensive reports on the consequences of transferring a workplace in whole or in part; we also point out any potential threats detected.
• We prepare documentation that is required in order to take over the staff.

International aspects

Our law office belongs to the international Deloitte group that has its offices in many European and world countries. Thanks to such background we can provide top quality legal services with an international component, taking into account the law order existing in countries other than Poland.

• We offer comprehensive legal services as regards engaging foreigners and seconding Polish employees abroad.
• We have experience and resources required to provide assistance in respect of labour law issues arising in international mergers.
• We provide legal opinions on foreign laws.

Furthermore, our team members can provide you with support in other matters such as:

• Representing clients in litigation related to labour law cases that are often initiated by former employees.
• Preparing legal opinions on a wide range of topics linked with the business activity of the employer.