Prawo pracy
Labour and social security law practice

We advise on labour law and social insurance and on flexible forms of employment, such as the managerial and other civil-law contracts (mandate, contract of specific work, agency, unnamed contracts), in particular those concluded with senior management.

Excellent knowledge of the expectations of the two sides (employer and employee) to an employment relationship gives us the ability to assess the risks associated with widely understood employment and the ability to foresee situations that may arise during or after the cooperation of the parties and, consequently, to formulate appropriate contractual clauses, regulations and other acts that will minimise the risk of litigation.

We conduct litigation while representing employers, employees, managers, board members, principals and contractors before labour, civil and commercial courts, as well as before the Supreme Court and arbitration tribunals, and also in criminal proceedings.

Many years of litigation experience allow us to represent clients before courts in a manner that ensures maximum protection of their interests.

We are proud to have helped a number of Polish and foreign clients like pharmaceutical companies, banks and other financial institutions, IT and telecommunications and power industry companies, including those listed on stock exchange, those owned wholly or partially by the state or local governments, manufacturing, trade, logistics, construction and automotive companies, cultural institutions, research institutes, hospitals and private medical service providers, schools, public authorities, governmental agencies, trade union organisations and workers’ representations, as well as individual entrepreneurs and even other law firms in employment matters related to their employees, associates and collaborators.

We have represented, in negotiations and court disputes, CEOs and board members of the biggest companies present in Poland, heads and general managers of many institutions, managers and specialists whether employed under contracts of employment or managerial and other contracts or on the B2B basis.

Our legal assistance includes advice and representation in the following matters, including in particular:

  • determination of the terms of and drafting contracts of employment,
  • modification of the contract terms, in particular drafting Polish law specific notice of termination to amend employment relationship,
  • lawsuits to determine the employment relationship,
  • termination of an employment contract whether by the employer or employee,
  • remuneration, including bonuses,
  • overtime,
  • severance payments, whether under voluntary resignation or mass redundancy plans,
  • non-competition,
  • mobbing, discrimination, violation of personal rights,
  • compensation for workplace accidents,
  • issues and cases related to employee benefits, including sickness and maternity,
  • retirement pension issues and cases.

Our legal assistance includes advice and representation in the following matters, including in particular:

  • appointment, dismissal and resignation from the management board,
  • liability to the company,
  • liability to the company’s creditors, the fiscal authority and the social insurance institution (ZUS),
  • reputation and protection of personal rights,
  • employment; contract of employment vs. management contract,
  • remuneration principles,
  • bonuses and incentive programmes,
  • public sector salary cap laws,
  • additional terms and conditions of the contract (vacation, sick leave, insurance, etc.),
  • overtime – you should face that option,
  • non-competition,
  • contract termination, lodging the notice, severance pay,
  • disputes with the employer company,
  • how to challenge decisions of the corporate bodies.
  • employment contract vs. managerial contract,
  • determination of the contract terms,
  • remuneration principles,
  • overtime – you should face that option,
  • bonuses and incentive schemes,
  • supplementary contractual terms (vacation leave, insurance, etc.),
  • non-competition,
  • violation of the personal rights, discrimination, mobbing,
  • contract termination, lodging the notice, severance pay,
  • civil liability,
  • disputes – the proper court,
  • social insurance coverage,
  • issues and cases related to employee benefits, including sickness and maternity leaves,
  • retirement pension issues and cases.
  • mandate, specific work, agency or other contracts,
  • establishing the contractual terms,
  • remuneration principles,
  • bonuses and incentive schemes,
  • supplementary contractual terms (vacation leave, insurance, etc.),
  • non-competition and exclusive service provider,
  • violation of personal rights, discrimination,
  • contract termination, lodging the notice, severance pay,
  • civil liability,
  • disputes – the proper court,
  • social insurance coverage,
  • issues and cases related to employee benefits, including sickness and maternity leaves,
  • retirement pension issues and cases.

Our employment law practice includes ongoing, comprehensive services in all aspects of HR management throughout the country, in particular:

  • drafting and preparation of employment relationship-related documents, including: employment contracts, non-competition agreements, employer’s statements on termination of employment contracts
  • providing advice on how to structure the principles of remuneration, bonus and motivation schemes for employees or management
  • preparation and negotiation of work and remuneration regulations, company social benefits fund regulations, and collective bargaining agreements,
  • representing and supporting employers in negotiations of the terms of employment and the contractual clauses of individual employment or other contracts with employees or candidates for employees,
  • providing comprehensive legal support in workforce restructuring, in particular regarding (group) lay-offs subject to the act on special rules on termination of employment relations with employees for reasons independent from the employees, drafting all documentation related to the group lay-off procedure, including in particular consultations with the trade union organisations, letters of termination of employment contracts with employees,
  • representing and supporting employers in dealings with trade unions, participation in the negotiations concerning collective labour agreements and other collective agreements as well as in collective labour disputes,
  • drafting legal opinions on the daily application of the Labour Code and the Civil Code (with respect to the conclusion of civil law contracts) and labour law in a broad sense by employers,
  • counselling and support in hiring foreigners,
  • providing information, on a daily basis, to our employer clients about the planned changes of the labour and social insurance legislation and adaptation of all the relevant internal regulations and documents
  • running training sessions for the (groups of) employees indicated by the employer,
  • providing the subject-matter support and legal advisory on labour law and social insurance in the “due diligence” investigation or work establishment takeover procedures,
  • representing employers in all labour law disputes whether in court or out of court (e.g. in mediation proceedings), in cases related to termination of employment, payment of remuneration, including overtime pay, determination of the existence of an employment relationship, discrimination and mobbing, accidents at work, non-competition, and other issues,
  • providing daily support in connection with investigations by the Polish Labour Inspectorate (PIP) and the social insurance institution, as well as in court proceedings to appeal against the decisions of the social insurance institution,
  • drafting documentation related to flexible forms of employment, such as letters of intent, managerial contracts, the civil-law contracts (mandate, specific task, agency and other unnamed contracts), and their termination,
  • non-competition agreements during the term of and following contract termination,
  • advising on the application of the public sector salary cap acts (the so-called chimney laws).

Our legal assistance includes advice and representation in the following matters, among others:

  • drafting company charters and articles of associations as well as resolutions,
  • inter-company organization,
  • registration of trade union organisations,
  • negotiation of collective bargaining agreements, work and remuneration regulations and other agreements with employers,
  • participation in negotiations on group lay-off plans,
  • the statutorily required company social benefits fund (ZFŚS),
  • collective disputes,
  • transfer of the work establishment,
  • election of social labour inspectors,
  • representation in court cases
  • election of the representatives,
  • contacts with the appointed representatives,
  • negotiations with the employer.

Our offer includes legal advice on, among others, the following matters:

  • establishment and transformation of companies,
  • drafting company agreements and their amendments,
  • transfer and acquisition of organized parts of an enterprise,
  • sale of shares,
  • service of company bodies, including organization of shareholders» meetings,
  • representation in registration proceedings in the National Court Register,
  • appealing against resolutions of company bodies,
  • contracts entered into by entrepreneurs in connection with their business activities,
  • unfair competition
  • copyright law,
  • reputation and protection of personal rights of legal persons and entrepreneurs,
  • court disputes arising from ongoing business activities (for payment, related to non-performance or improper performance of contracts, and others),
  • representation in disputes arising from the company’s relationship (between the company and a partner).

Contact:

If you wish to know more about labour law and social insurance practice of DT Law Office, you are welcome to contact:

AWARDS AND RECOMMENDATIONS:

For many years, our labour law and social insurance team has been recommended not only in the Rzeczpospolita national ranking but also in the Chambers & Partners international ranking.

According to Chambers & Partners, Waldemar Gujski is the only Polish “Senior Statesman” in the field of labour law.

Senior practitioner Waldemar Gujski is highly regarded as a prominent figure within the employment sector. He advises on contentious employment mandates assisting both employers and employees.
Źródło: Chambers & Partners

Dawid Jakub Zdebiak is recognised for his presence in the sector, handling a variety of contentious employment cases.
Źródło: Chambers & Partners

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