Outline of Polish Labour Law System

TITLE ONE
GENERAL LABOUR LAW | p. 19

Chapter I
The concept and subject-matter of labour law | p. 21
1. Definitions of labour law | p. 21
2. Classification of labour law | p. 24
3. Characteristics of labour law | p. 25
3.1. General notes | p. 25
3.2. Uniformity and differentiation of labour law | p. 26
3.3. Europeanisation of labour law | p. 26

Chapter II
Labour law in the Polish legal system | p. 28
1. General notes | p. 28
2. Labour law and civil law | p. 28
3. Labour law and social insurance law | p. 29
4. Labour law and copyright law | p. 30
5. Labour law and constitutional law | p. 30
6. Labour law and administrative law | p. 31
7. Labour law and criminal law | p. 31
8. Labour law and international law | p. 32

Chapter III
Functions of labour law | p. 33
1. Overview of functions of labour law | p. 33
2. Protective function of labour law | p. 34
3. Organisational function of labour law | p. 35
4. Irenic function of labour law | p. 36
5. Redistributive function of labour law | p. 38

Chapter IV
Interpretation of provisions of labour law | p. 40
1. The concept and subject-matter of interpretation of labour laws | p. 40
2. Types of interpretation of labour law provisions | p. 41
3. Process of interpretation of labour laws | p. 42
4. Loopholes in labour law | p. 43

Chapter V
Principles of labour law | p. 45
1. The concept and meaning of labour law principles in the Polish labour law doctrine | p. 45
2. Systematisation of the principles of labour law | p. 47
3. Functions of labour law principles | p. 49
4. Characteristics of fundamental principles of labour law set out in the Labour Code | p. 51
4.1. Principle of the right to work and the freedom of labour | p. 51
4.2. Principle of freedom to enter employment relationship and to determine the terms of employment | p. 54
4.3. Principle of respect by an employer of employee's dignity and of other employee's personal rights | p. 56
4.4. Principle of equal treatment and non-discrimination in employment | p. 59
4.5. Principle of the right to fair remuneration for work | p. 60
4.6. Principle of the right to rest | p. 63
4.7. Principle of provision by an employer of safe and healthy working conditions | p. 65
4.8. Principle of meeting the vital, social and cultural needs of employees | p. 67
4.9. Principle of facilitation of skills upgrading | p. 68
4.10. Favourability principle (zasada uprzywilejowania pracownika) | p. 69
4.11. Fundamental principles of collective labour law | p. 72

Chapter VI
Overview of the history of the Polish labour law | p. 74

Chapter VII
Equal treatment in employment | p. 78
1. The concept of equal treatment | p. 78
2. Principle of equal treatment in employment | p. 79
3. Forms of discrimination | p. 79
4. Harassment and sexual harassment | p. 80
5. Justified differentiation | p. 81
6. Consequences of breach of the principle of equal treatment in employment | p. 81

Chapter VIII
Sources of labour law | p. 83
1. The concept and hierarchy of sources of labour law | p. 83
2. General sources of labour law | p. 85
2.1. Constitution of the Republic of Poland | p. 85
2.2. Acts/laws (ustawy) | p. 86
2.3. Regulations (rozporządzenia) | p. 88
3. Specific sources of labour law | p. 89
3.1. Collective agreements | p. 89
3.1.1. Legal nature of collective agreements | p. 89
3.1.2. Personal scope of collective agreements | p. 90
3.1.3. Material scope of collective agreements | p. 91
3.1.4. Procedures for the conclusion of collective agreements | p. 93
3.1.5. Registration of collective agreements | p. 94
3.1.6. Entry into force of collective agreements | p. 96
3.1.7. Transformations of collective agreements | p. 96
3.1.8. Termination of collective agreements | p. 97
3.1.9. Sectoral collective agreements (ponadzakładowe układy zbiorowe pracy) | p. 99
3.1.10. Company-level collective agreements (zakładowe układy zbiorowe pracy) | p. 100
3.2. Agreements in connection with transfer of business to a new employer | p. 102
3.3. Agreement on suspension of provisions of labour law | p. 103
3.4. Agreements on application of less favourable terms and conditions of employment | p. 104
3.5. Teleworking agreements | p. 105
3.6. Social agreements (porozumienia społeczne) 1 | p. 05
4. Internal regulations | p. 106
4.1. Internal rules (regulaminy) | p. 106
4.1.1. Wage rules (regulamin wynagradzania) | p. 107
4.1.2. Work rules (regulamin pracy) | p. 109
4.2. Statutes (statuty) | p. 110
5. International labour law | p. 111
5.1. International labour regulations | p. 112
5.2. Labour law of the Council of Europe | p. 113
5.3. Legal acts adopted in the European Union and their effect | p. 114
5.4. Areas covered by European labour law | p. 116

TITLE TWO
INDIVIDUAL LABOUR LAW | p. 119

Chapter IX
Employment relationship | p. 121
1. Concept and nature of employment relationship | p. 121
1.1. Concepts of employment relationship | p. 121
1.2. Characteristics of employment relationship | p. 122
2. Labour law employment relationship (stosunek pracy) and other employment relationships (stosunki zatrudnienia) | p. 125
2.1. The concepts of "self-employment" and "employment" | p. 125
2.2. Types of non-employee employment (employment not between an employee and an employer) | p. 126
2.3. Elements of the labour law employment relationship | p. 129
3. Parties to the labour law employment relationship | p. 130
3.1. General notes | p. 130
3.2. Employee | p. 132
3.3. The concept of an employer | p. 133
3.4. Employer - a natural person | p. 134
3.5. Employer - an organisational unit | p. 135
3.6. Representation of an employer being an organisational unit | p. 138

Chapter X
Contract of employment | p. 140
1. Internal and external recruitment | p. 140
2. Protection of personal data of job candidates and employees | p. 140
3. Types of contracts of employment | p. 142
3.1. Contract for a probationary period (umowa na okres próbny) | p. 142
3.2. Contract for a fixed term (umowa na czas określony) | p. 143
3.3. Contract of employment for an indefinite term (umowa o pracę na czas nieokreślony) | p. 144
4. Telework | p. 144
5. Contents of a contract of employment | p. 145

Chapter XI
Transformations of an employment relationship | p. 147
1. Change of an employment relationship | p. 147
2. Agreement to amend the terms and conditions of employment (porozumienie zmieniające) | p. 150
3. Notice of amendment of the terms and conditions of a contract of employment (wypowiedzenie zmieniające warunki umowy o pracę) | p. 152
4. Assignment of an employee to other work | p. 162
5. Temporary change of terms and conditions of a contract of employment resulting from specific regulations | p. 166

Chapter XII
Termination of an employment relationship | p. 168
1. Introduction | p. 168
2. Agreement between the parties | p. 169
3. Restrictions on termination of a contract of employment | p. 169
3.1. General protection of sustainability of an employment relationship | p. 169
3.2. Consultation (with a company trade union organisation) of the intention to terminate a contract for an indefinite term | p. 170
3.3. Consultation (with a company trade union organisation) of the intention to terminate a contract of employment without notice | p. 172
3.4. Special protection of sustainability of an employment relationship | p. 173
3.5. Restrictions on termination of a contract of employment by reason of personal or family situation of an employee | p. 173
3.5.1. Protection of the employment relationship during a pre-retirement period | p. 173
3.5.2. Protection of the employment relationship during a period of excusable absence | p. 174
3.5.3. Protection of the employment relationship of pregnant women or women during maternity leave | p. 175
3.6. Restrictions on termination of a contract of employment based on the employee's function | p. 176
3.6.1. Special protection of sustainability of the employment relationship of employees performing trade union functions | p. 176
3.6.2. Special protection of sustainability of the employment relationship of members of workers' council | p. 184
3.6.3. Special protection of sustainability of the employment relationship of a social labour inspector | p. 185
4. Termination of a contract of employment upon notice | p. 185
4.1. Notice of termination of a contract of employment as a unilateral declaration of will | p. 185
4.2. Scope of application of a notice of termination as a method of termination of a contract of employment | p. 188
4.3. Formal requirements | p. 189
4.4. Notice periods for termination of a contract of employment | p. 193
4.5. Reduction of a notice period | p. 196
4.6. Job-search leave of absence (zwolnienie na poszukiwanie pracy) | p. 198
5. Termination of a contract of employment without notice | p. 199
5.1. Termination of a contract of employment without notice by an employer | p. 200
5.1.1. Termination of a contract of employment without notice by an employer for reasons attributable to an employee | p. 200
5.1.2. Termination of a contract of employment without notice by an employer for reasons not attributable to an employee | p. 203
5.2. Termination of a contract of employment without notice by an employee | p. 205
5.2.1. Termination of a contract of employment without notice by an employee for reasons not attributable to an employer | p. 205
5.2.2. Termination of a contract of employment without notice by an employee for reasons attributable to an employer | p. 206
6. Legal consequences of defective termination of a contract of employment | p. 207
6.1. Legal consequences of defective termination of a contract of employment upon notice | p. 207
6.2. Legal consequences of defective termination of a contract of employment without notice by an employer | p. 210
6.3. Legal consequences of defective termination of a contract of employment without notice by an employee | p. 212
7. Other cases of termination of a contract of employment by an employee | p. 213
7.1. Termination of a contract of employment in connection with reinstatement | p. 213
7.2. Termination of a contract of employment in connection with acquisition of an employee by a new employer | p. 215
8. Expiration of a contract of employment | p. 215
8.1. Death of an employee | p. 215
8.2. Death of an employer | p. 215
8.3. Employee's absence from work caused by pre-trial detention | p. 215
8.4. Claims in connection with expiration of an employment relationship | p. 216

Chapter XIII
Transfer of an establishment to another employer | p. 217
1. The concept of transfer of an establishment or a part of an establishment to another employer | p. 217
2. Succession of obligations | p. 218
3. Negotiations with an employees' representation and information obligation in the absence of trade unions | p. 219
4. Rights of employees | p. 220

Chapter XIV
Employment of temporary agency workers | p. 222
1. Introduction | p. 222
2. Restrictions on temporary agency work | p. 222
2.1. Material restrictions | p. 223
2.2. Time restrictions of temporary agency work | p. 223
2.3. Personal restrictions | p. 224
2.3.1. User-employer | p. 224
2.3.2. Temporary-work agency | p. 225
3. Conclusion and content of a temporary work contract | p. 225
4. Protection of a temporary agency worker against discrimination | p. 228

Chapter XV
Non-contractual employment relationships | p. 229
1. The concept and classification of non-contractual employment relationships | p. 229
1.1. The concept and origins of non-contractual employment relationships | p. 229
1.2. Classification of non-contractual employment relationships | p. 231
2. Employment relationship by election (wybór) | p. 231
2.1. The scope of employment relationships by election | p. 231
2.2. Legal nature of an employment relationship by election | p. 232
2.3. Establishment of an employment relationship by election | p. 233
2.4. Admissibility of amendment of the terms and conditions of employment by election | p. 234
2.5. Ending the employment relationship by election | p. 234
2.6. Rights and obligations of elected employees | p. 236
3. Employment relationship by appointment (powołanie) | p. 237
3.1. The scope of employment relationships by appointment | p. 237
3.2. Legal nature of the act of appointment | p. 239
3.3. Establishment of an employment relationship by appointment | p. 240
3.4. Admissibility of amendment of the terms and conditions of employment by appointment | p. 241
3.5. Ending the employment relationship by appointment | p. 243
3.6. Terms of employment relationship of appointed employees | p. 245
4. Employment relationship by nomination (mianowanie) | p. 246
4.1. The scope of employment relationships by nomination | p. 246
4.2. Legal nature of the act of nomination | p. 247
4.3. Establishment of an employment relationship by nomination | p. 248
4.4. Amendment of the terms and conditions of employment by nomination | p. 250
4.5. Ending the employment relationship of nominated employees | p. 252
4.6. Terms of employment relationship of nominated employees | p. 254

Chapter XVI
Rights and obligations of the parties to an employment relationship | p. 256
1. Obligations of an employer | p. 256
1.1. Information obligation | p. 256
1.2. Obligation to properly organise work | p. 259
1.3. Obligation to prevent discrimination | p. 260
1.4. Obligation to ensure safe and healthy working conditions | p. 261
1.5. Obligation to pay wages timely and properly | p. 261
1.6. Obligation to facilitate upgrading of professional skills | p. 262
1.7. Obligation to create an environment conducive to adaptation to proper performance of work | p. 262
1.8. Obligation to meet social needs of employees | p. 263
1.9. Obligation to apply objective and fair criteria of evaluating employees | p. 263
1.10. Obligation to keep documentation and personnel files | p. 264
1.11. Obligation to foster development of the rules of social coexistence in the workplace | p. 264
1.12. Obligation to prevent mobbing | p. 265
1.13. Obligation to issue an employment certificate (świadectwo pracy) | p. 267
1.13.1. Contents of an employment certificate | p. 269
1.13.2. Legal fictions in the employment certificate | p. 269
1.13.3. Procedure for rectification of the employment certificate | p. 270
2. Claim for compensation | p. 271
3. Obligations of an employee | p. 272
3.1. Obligation to perform work diligently and with due care | p. 272
3.2. Obligation to comply with superiors' instructions | p. 273
3.3. Employee's obligations relating to order at the workplace | p. 274
3.4. Obligation to have regard for the welfare of the establishment | p. 275
3.5. Obligation of secrecy | p. 277
3.6. Obligation to comply with the rules of social coexistence | p. 278

Chapter XVII
Non-compete obligation | p. 280
1. General principles | p. 280
2. Restrictions on competitive activity in the absence of non-compete agreement | p. 281
3. Non-compete agreement during the term of employment relationship | p. 282
4. Post-employment non-compete agreement | p. 282

Chapter XVIII
Remuneration for work | p. 285
1. Legal bases for wage setting | p. 285
2. Prohibition of wage discrimination | p. 288
3. Protection of remuneration for work | p. 289
3.1. Rules of payment of remuneration | p. 289
3.2. Restrictions on deductions from remuneration | p. 290
4. Benefits in the case of non-performance of work | p. 291
5. Benefits payable to an employee in connection with ending an employment relationship | p. 293
6. Protection of employees' claims in case of the employer's insolvency | p. 294

Chapter XIX
Working time | p. 296
1. The concept of working time | p. 296
2. Number of working hours | p. 297
3. Rest period | p. 298
4. Working time systems 2 | p. 98
5. Overtime work | p. 302
6. Duty hours | p. 304
7. Working time of managers | p. 305
8. Work at night | p. 306
9. Work on Sundays and on public holidays | p. 307

Chapter XX
Leaves | p. 309
1. Annual leave | p. 309
1.1. Essential elements of the concept of annual leave | p. 309
1.2. Acquisition of right to the annual leave | p. 310
1.3. Amount of the annual leave | p. 310
1.4. Rules for granting of leave | p. 312
1.5. Deferral of the leave in unforeseen circumstances | p. 313
1.6. Proportionate leave | p. 315
1.7. Leave on demand | p. 315
1.8. Termination of a contract of employment and the right to annual leave | p. 316
2. Unpaid leave | p. 316
3. Special leaves (zwolnienia okolicznościowe) | p. 317

Chapter XXI
Liability for breach of order at the workplace and disciplinary liability | p. 319
1. General notes | p. 319
2. Liability for breach of order at the workplace (odpowiedzialność porządkowa) | p. 319
2.1. Legal nature and conditions of liability for breach of order at the workplace | p. 319
2.2. Infringements and penalties for breach of order at the workplace | p. 320
2.3. Procedure for imposing penalties for breach of order at the workplace | p. 321
2.4. Appeals procedure | p. 324
2.5. Declaring the penalty null and void | p. 325
3. Disciplinary liability (odpowiedzialność dyscyplinarna) | p. 326
3.1. Personal scope and conditions of disciplinary liability | p. 326
3.2. Types of disciplinary penalties | p. 327
3.3. Disciplinary boards and disciplinary prosecutor | p. 328
3.4. Disciplinary procedure and judicial review of disciplinary decisions | p. 328
3.5. Deletion of penalty from files (zatarcie kary) | p. 329
3.6. Minor infringements | p. 330

Chapter XXII
Financial liability of employees | p. 331
1. Legal nature and conditions of financial liability of employees | p. 331
2. Financial liability for the damage caused by the employee unintentionally | p. 335
3. Financial liability for the damage caused by the employee intentionally | p. 336
4. Liability for damage caused to a third party | p. 337
5. Responsibility for the entrusted property | p. 338
5.1. Financial liability for the damage caused by the employee to the entrusted property | p. 338
5.2. Mitigation of liability for the entrusted property | p. 341
5.3. Joint liability of employees for the entrusted property | p. 343
6. Limitation of claims | p. 345

Chapter XXIII
General protection of labour | p. 346
1. Introduction | p. 346
2. Basic obligations of an employer in respect of the occupational health and safety (OHS) | p. 347
2.1. Responsibility for health and safety at work | p. 347
2.2. Obligation to cooperate with other employers | p. 347
2.3. Training obligation | p. 348
2.4. Obligation to familiarise the employees with OHS rules and regulations | p. 348
2.5. Obligations in respect of preventive health care of employees | p. 348
2.5.1. Obligation to inform of occupational risk | p. 348
2.5.2. Obligation to prevent occupational diseases and other work-related diseases | p. 349
2.5.3. Obligation to perform preventive medical examinations | p. 350
2.6. Obligation to provide employees with supportive drinks and meals | p. 351
2.7. Obligation to provide employees with appropriate hygiene and sanitary facilities and necessary personal hygiene and sanitary products | p. 351
2.8. Other obligations of the employer | p. 352
3. Rights and obligations of employees in respect of occupational health and safety | p. 352
3.1. Right to refrain from work | p. 352
3.2. Obligation to comply with OHS rules and regulations | p. 353
4. Labour protection bodies | p. 355
4.1. OHS service | p. 355
4.2. Occupational health and safety commission | p. 356
4.3. Consultations on occupational health and safety | p. 356
5. Compensation for property lost or damaged in connection with an accident at work | p. 357

Chapter XXIV
Protection of parenthood | p. 358
1. Introduction | p. 358
2. Prohibition on the employment of women in work which is particularly arduous or harmful to health | p. 359
3. Principles of employment of pregnant workers | p. 360
4. Leaves connected with raising children | p. 361
5. Rights of employees raising children | p. 364
6. Special protection of sustainability of employment relationship | p. 365

Chapter XXV
Employment and protection of work of young people and children | p. 367
1. Employment of adolescents | p. 367
1.1. Introduction | p. 367
1.2. Contract of employment for vocational preparation (umowa o pracę w celu przygotowania zawodowego) | p. 369
1.3. Protection of health of young workers | p. 371
1.4. Employment of adolescents under a contract of employment for performing light-duty work | p. 372
2. Employment of children below 16 years of age | p. 373

TITLE THREE
COLLECTIVE LABOUR LAW | p. 377

Chapter XXVI
Freedom of association | p. 379
1. Introduction | p. 379
2. Freedom of association in trade unions and employers' organisations | p. 380
2.1. Freedom of association in trade unions | p. 380
2.2. Freedom of association in employers' organisations | p. 382
2.3. Models of organisation of workers' and employers' movement | p. 383
3. Independence of trade unions and employers' organisations | p. 385
4. Self-governance of trade unions and employers' organisations | p. 388

Chapter XXVII
Legal status of trade unions | p. 393
1. Establishment of trade unions | p. 393
2. Registration of trade unions | p. 394
3. Functions of trade unions | p. 396
4. Powers of trade unions | p. 398

Chapter XXVIII
Employers' organisations | p. 405
1. Establishment of employers' organisations | p. 405
2. Registration of employers' organisations | p. 406
3. Functions and powers of employers' organisations | p. 407

Chapter XXIX
Employee participation | p. 409
1. Introduction | p. 409
2. Ad hoc representatives | p. 409
3. Workers' councils | p. 410
4. European Works Council | p. 413
5. Other forms of employee participation | p. 415

Chapter XXX
Social dialogue | p. 416
1. The concept of social dialogue | p. 416
2. Council of Social Dialogue (Rada Dialogu Społecznego) | p. 417
2.1. Competences of the Council of Social Dialogue | p. 418
3. Voivodeship (provincial) councils of social dialogue (wojewódzkie rady dialogu społecznego) | p. 420
4. Social dialogue in the law-making process | p. 421
5. Social dialogue on the labour market | p. 421
6. Social dialogue in matters relating to occupational health and safety | p. 422
7. Participation of representatives of social partners in supervision of public institutions as a form of social dialogue | p. 422
8. Social dialogue in the establishment | p. 424

Chapter XXXI
Collective labour disputes | p. 425
1. Introduction | p. 425
2. The subject-matter of a collective labour dispute | p. 426
3. Parties to a collective labour dispute | p. 428
4. Initiation of a collective labour dispute | p. 430
5. Methods of resolving collective labour disputes | p. 430
6. Irenic methods of resolving collective labour disputes | p. 431
6.1. Conciliation | p. 431
6.2. Mediation | p. 433
6.3. Arbitration | p. 434
7. Non-irenic methods of resolving collective labour disputes | p. 436
7.1. Strike | p. 436
7.1.1. Right to strike | p. 436
7.1.2. Restrictions of the right to strike | p. 437
7.1.3. Principles of organisation of a strike | p. 439
7.2. Other industrial actions | p. 443
7.3. Lockout | p. 444

TITLE FOUR
PROCEDURAL LABOUR LAW | p. 447

Chapter XXXII
Legal protection of labour relations | p. 449
1. Models of legal protection in labour relations | p. 449
2. Out-of-court legal protection bodies | p. 450
3. Labour courts | p. 452
3.1. Organisation of labour courts | p. 452
3.2. Powers of labour courts | p. 453
3.2.1. Introduction | p. 453
3.2.2. Matters involving claims arising from employment relationship | p. 453
3.2.3. Matters involving employment-related claims | p. 454
3.2.4. Matters involving claims arising from other legal relationships to which provisions of labour law apply under separate laws | p. 456
3.2.5. Actions for compensation against an employer in the event of accidents at work and occupational diseases | p. 457
3.2.6. Actions to establish existence or non-existence of a legal relationship or rights under an employment relationship | p. 457

Chapter XXXIII
Labour inspection | p. 459
1. Introduction | p. 459
2. National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) | p. 460
3. Social labour inspection | p. 463
4. Other supervisory and control bodies | p. 464

Chapter XXXIV
Limitation of claims and final deadlines | p. 466
1. Introduction | p. 466
2. Limitation of claims (przedawnienie roszczeń) | p. 467
3. Final deadlines (terminy zawite) | p. 474

Chapter XXXV
Accidents at work and occupational diseases - an overview | p. 476
1. Introduction | p. 476
2. Accidents at work | p. 477
3. An accident equivalent to an accident at work | p. 480
4. Procedure for determining circumstances and causes of accidents at work | p. 481
5. Occupational diseases | p. 481
6. Benefits in respect of accidents at work and occupational diseases | p. 483

Index | p. 485