1. What is the legal relationship between the employee and employer in Poland?
The employment relationship in Poland is a legal bond where the employee agrees to perform specific work for the employer under the employer’s direction, at a place and time set by the employer. It involves continuous and repeated work performed in person, with remuneration provided in exchange for the work.
2. Can an employee in Poland work without receiving remuneration?
No, under Polish Labour Law, it is not possible for an employee to work for free under an employment relationship. The employer is required to pay remuneration for the work performed.
Suggested: How Does Employee Onboarding Work in Poland
3. Is the name of the contract relevant in Poland when it comes to establishing an employment relationship?
No, in Poland, the name of the contract does not determine whether an employment relationship exists. If the conditions of an employment relationship are met, the type of contract (whether employment or civil law) is irrelevant.
4. What are the different ways an employment relationship can be established in Poland?
In Poland, an employment relationship can be established through several means, including:
- A contract of employment
- Appointment
- Election
- Designation
- A cooperative employment contract
These options provide the framework for legally binding employment relationships in Poland.
Suggested: How to Hire Healthcare Professionals in Poland
5. What is needed to establish an employment relationship in Poland?
To establish an employment relationship in Poland, both the employee and the employer must clearly agree on the terms of the employment, regardless of the type of contract used.
6. What information and documents can be requested from a job applicant before they start working?
Before employment begins, the employer can request necessary documents from the applicant, such as a personal questionnaire, employment certificates, and proof of professional qualifications. The applicant may also be required to take tests, attend interviews, or present an action plan to assess their suitability for the role.
7. What personal data can be requested from a job applicant in Poland?
Employers can request the following personal data from applicants:
- Full name
- Date of birth
- Contact details
- Education and professional qualifications
- Previous work experience
These details help assess the applicant's qualifications and ensure they meet the requirements of the role.
Suggested: Top Job Posting Platforms for Recruiters in Poland
8. When can additional personal data be requested from the employee after hiring?
Once hired, the employer may need to collect additional personal data, including:
- Residential address
- Personal ID number (PESEL) or another identity document if the employee doesn't have a PESEL
- Information about the employee’s children, if relevant for any special rights under labor law
- Education and previous employment details if not provided during the recruitment process
- Bank account details for salary payments
This information is necessary to fulfill legal obligations or specific rights under the law.
9. How should personal data be provided to the employer?
Personal data should be provided by the employee through a formal statement. The employer has the right to request documentation that verifies the personal data provided by the employee.
Suggested: How to Hire Tech Talent in Poland
