employment law

Legal guides

collection of legal advice from labor law

Employment relationship

An employment relationship is a legal relationship between an employee and an employer. As part of it, the employee's duty is to perform work for the employer under his leadership at the time and place appointed by him. However, the employer undertakes to pay the employee remuneration. This definition is contained in the provisions of the Labor Code.

Any employment that meets these conditions can be considered an employment relationship - regardless of the type of contract concluded.

An employment contract can be concluded for a trial period, for an indefinite period or for a definite period.

Establishing an employment relationship and determining its conditions require a joint declaration of will of the employer and employee (this is a two-sided legal act). The employment contract is concluded in writing.

Work for the employer should always be paid. Regulations stipulate that the remuneration should be fair, corresponding to the employee's work input and time in the tasks to be performed and the employee may not renounce it.

The employee is entitled to an annual, uninterrupted paid vacation.

The employer is responsible for the health and safety at work in the workplace. Employers 'responsibilities are not affected by employees' obligations in the field of health and safety at work, nor by entrusting tasks to specialists from outside the workplace.

The Labor Code has an open catalog of employer's obligations. The employer is obliged in particular:

• familiarize employees undertaking work with the scope of their duties, manner of performing work in designated positions and basic employee rights,
• organize work in a manner ensuring full use of working time,
• organize work in a way that reduces the burden of work,
• counteract discrimination in employment and mobbing,
• pay remuneration on time and correctly,
• help employees improve their professional qualifications,
• meet the social needs of employees as far as available,
• apply objective and fair criteria for the evaluation of employees and the results of their work,
• keep records on matters related to employment relationships and personal files of employees,
• influence the shaping of social coexistence in the workplace,
• provide employees with the text of the provisions on equal treatment in employment in writing in the form of information disseminated in the workplace or provide employees with access to these provisions in a different manner adopted by the employer,
• inform employees in the manner adopted by a given employer about the possibility of full-time or part-time employment, and temporary employees - about vacancies,
• issue the employee with a work certificate without delay.

The employer's basic duty is also to pay social security, health, Labor Fund and Guaranteed Employee Benefits Fund contributions for employed persons.

The employment contract is terminated:

• by mutual agreement of the parties;
• by a statement from one of the parties with a notice period;
• by a declaration by one of the parties without notice;
• with the passage of time for which it was concluded.

Declaration of each party on the termination or termination of the employment contract without notice should be made in writing.

The Code requires that the employer's statement of termination of an employment contract concluded for an indefinite period or termination of an employment contract without notice indicate the reason justifying the termination or termination of the contract. In addition, it is required then to provide information about the employee's right to appeal to the labor court.

It is worth emphasizing that the employer cannot terminate the employment contract during the employee's leave, as well as during another justified absence of the employee at work, if the period entitling to terminate the employment contract without notice has not expired.