Labour law in Poland

What do you need to know?

Polish labor law is regulated by legal acts – including, in particular, the Labor Code, which comprehensively regulates the basic and most important issues related to employee rights and employer’s obligations. Labor law is also regulated by collective labor agreements concluded between employers or their organizations and trade union organizations, collective agreements based on the act of law, work regulations, remuneration regulations and statutes. Most importantly for employees, they cannot be less favorable than the statutory provisions.

In Poland, employment relationship is a legal relationship between an employee and an employer. Under it, the employee undertakes to perform work of a specific kind for the employer and under the employer’s direction and at a place and time designated by the employer. The employer, on the other hand, employs the employee for remuneration. Under an employment relationship, unpaid work is not possible.

Polish labour law is based on a dozen basic principles. These are:

1. the principle of the right to work
2. the principle of freedom of work
3. principle of respect for dignity and other personal rights
4. the principle of equal rights of employees
5. principle of non-discrimination
6. the principle of the right to a fair remuneration
7. the principle of the right to rest
8. the principle of providing employees with safe and hygienic working conditions
9. the principle of satisfying the living, social and cultural needs of employees
10. the principle of facilitating the improvement of employees’ professional qualifications
11. the principle of benefit principle of freedom of association of workers and employers
12. the principle of employee participation in the management of the workplace
13. the principle of durability of the employment relationship

As can be seen from the above principles, labour law in Poland determines that employees have equal rights for the equal performance of their duties. This applies in particular to equal treatment of men and women in employment. In addition to the obligation to treat the employee equally, any form of discrimination is prohibited. any discrimination in employment, direct or indirect, in particular on grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, ethnic origin, religion, sexual orientation, as well as on the grounds of employment of limited or indefinite duration or full or part-time employment is unacceptable.

In Poland, every employee has the right to fair remuneration. The conditions for the realisation of this right are determined by labour legislation and state policy in the field of wages, in particular by setting a minimum wage. The mechanism for setting the minimum wage and the minimum hourly rate of pay is determined by special act.