Best Hiring & Firing Lawyers in Mława

About Hiring & Firing Law in Mława, Poland

Employment relationships in Mława are governed by national Polish law, primarily the Labour Code - Kodeks pracy - together with relevant regulations, social security rules and collective agreements where applicable. Local institutions such as the District Employment Office - Powiatowy Urząd Pracy w Mławie - the regional branch of the State Labour Inspectorate - Państwowa Inspekcja Pracy - and local courts handle practical aspects of hiring, employment administration and disputes. Whether you are an employee or an employer, basic rules apply across Poland, but local offices and courts in the Mława area are where you will go to seek enforcement, advice and dispute resolution.

Why You May Need a Lawyer

Employment law can be technical and deadlines are strict. You may need a lawyer if you face any of the following situations:

- You receive a termination notice or are dismissed and want to challenge the dismissal. Lawyers can advise on prospects and represent you in court.

- You believe your dismissal was discriminatory or violated protected status - for example pregnancy, parental leave or trade-union activity.

- Your employer refuses to pay overdue wages, severance, unused leave or compensation for unlawful termination.

- You are an employer planning dismissals - especially collective redundancies - and need help complying with consultation, notification and severance obligations.

- You have a complex contract issue - misclassification between employment contract and civil contract, probation disputes, or conflicting clauses.

- You want advice before signing an employment contract or drafting workplace policies to reduce future legal risk.

Local Laws Overview

Key points of Polish employment law that are especially relevant in Mława include:

- Types of contracts - The main types are employment contract - umowa o pracę - and civil contracts such as umowa zlecenie or umowa o dzieło. Employment contracts carry employment law protections and mandatory social security contributions.

- Probation period - The Labour Code allows a probation period, with a maximum of three months in most cases. The probation period allows faster termination, but certain formal rules still apply.

- Notice periods - For an open-ended employment contract the statutory notice periods depend on length of service. Standard statutory notice periods apply and are set by the Labour Code. For fixed-term contracts, termination rules depend on the contract provisions and statute.

- Termination grounds - Contracts may end by mutual agreement, by notice, by expiry of a fixed-term contract, or by immediate dismissal for serious breaches. Employers must follow formal requirements and document reasons where required.

- Protected categories - The law offers special protection against dismissal for certain employees, such as pregnant employees, employees on parental leave and legally elected employee representatives or trade-union representatives. In many cases an employer must obtain prior consent from the labour inspectorate or meet strict conditions to lawfully dismiss such employees.

- Remedies - If a dismissal is unlawful, employees can ask the labour court for reinstatement or compensation. There are strict time limits for bringing claims.

- Collective redundancies - Employers planning larger scale layoffs must observe consultation and notification requirements, negotiate with employee representatives or trade unions where present, and may have obligations to prepare a social plan or offer severance.

- Administrative bodies - Enforcement, inspections and non-judicial complaints are handled by the State Labour Inspectorate - Państwowa Inspekcja Pracy - and by the local employment office in matters connected to redundancies and active labour market measures.

Frequently Asked Questions

Can my employer dismiss me without giving a reason?

In many cases an employer can terminate an employment contract by notice without providing a detailed justification, but the termination must not be unlawful, discriminatory or violate special protections. If the dismissal is based on reasons connected to the employee - for example poor performance or misconduct - the employer should document the reasons. If you suspect the real reason was unlawful, you can contest the dismissal in court.

What notice period applies when I am dismissed?

Notice periods depend on the contract type and length of service. For open-ended contracts the statutory notice period increases with length of service. Fixed-term contracts are generally governed by the contract itself and specific statutory rules. Always check your contract and consult a lawyer if you are uncertain.

What should I do immediately after receiving a termination letter?

Keep the termination letter and any attachments, record the date you received it, and preserve payslips, contracts, job descriptions and correspondence. Note witnesses or events that relate to the dismissal. Contact a lawyer or a free legal aid point promptly - there are short deadlines to lodge claims in labour court.

How long do I have to challenge my dismissal?

There are strict time limits for bringing claims. For contesting termination and seeking reinstatement or compensation, employees typically must act quickly. If you want to challenge a dismissal, contact a lawyer or legal aid as soon as possible so you do not miss the deadline to file a court claim.

Can I be dismissed while on sick leave or on maternity leave?

Dismissal of an employee on maternity leave or certain types of protected leave is highly restricted and often requires prior consent from the labour inspectorate. Dismissals carried out in breach of these protections can be declared invalid. If you are in this situation, seek legal advice immediately.

What is immediate dismissal for serious breach and when can it be used?

Immediate dismissal - termination without notice - is reserved for serious breach of duties, such as gross misconduct or criminal acts affecting the employer. The employer must meet procedural requirements and act within a short statutory time window. If immediate dismissal is used improperly the employee may claim it was unlawful.

Am I entitled to severance pay when I am made redundant?

Severance pay may be due in specific situations, such as collective redundancies or certain employer-initiated terminations under statutory rules or collective agreements. The entitlement depends on employer size, reason for termination and applicable agreements. A lawyer can check whether you qualify for severance or other compensation.

Can I work under a civil contract instead of an employment contract to avoid social security contributions?

Poland distinguishes between employment contracts and civil law contracts. If the real relationship has the characteristics of employment - personal subordination, fixed working time, workplace rules - the relationship may be reclassified by courts or social security authorities, and the employer may be required to pay contributions and face penalties. Both parties should get legal advice before relying on a civil contract for long-term work resembling employment.

What steps should an employer in Mława take before conducting redundancies?

An employer should plan carefully - check legal thresholds for collective redundancies, consult with trade unions or employee representatives, notify the labour inspectorate and local employment office where required, consider selection criteria and prepare documentation and any required social plan or severance offers. Legal advice is strongly recommended to avoid procedural errors that can lead to court claims and penalties.

Do I need a lawyer to go to labour court or can I represent myself?

You may represent yourself in labour court, but labour law has technical rules and strict deadlines. Lawyers or legal advisors bring experience in evidence, procedure and remedies and can improve outcomes, especially in complex dismissals, discrimination cases or collective redundancy matters. If cost is a concern, check free legal aid points or initial consultations with experienced labour lawyers in the Mława area.

Additional Resources

Useful institutions and resources to contact or consult when you need help in matters of hiring and firing in Mława:

- State Labour Inspectorate - Państwowa Inspekcja Pracy - for inspections, complaints about labour law breaches and guidance on employment standards.

- Powiatowy Urząd Pracy w Mławie - the local employment office for matters connected to unemployment, redundancies and active labour market programs.

- Zakład Ubezpieczeń Społecznych - ZUS - for social security and contribution questions.

- Sąd Rejonowy in your district - for filing employment disputes. Labour matters are handled by the relevant civil court or its labour division.

- Municipal or county free legal aid points - punkt nieodpłatnej pomocy prawnej - for initial legal consultations if you qualify.

- Local trade unions - for representation and consultation in collective matters and redundancies.

- Rzecznik Praw Obywatelskich - the Ombudsman - for systemic or discrimination issues that affect civil rights.

- Local Bar Associations - for lists of labour law lawyers and legal advisors who work in the Mława and Masovian region.

Next Steps

If you need legal assistance in hiring or firing matters in Mława, follow these steps:

- Gather all relevant documents - contract(s), notices, payslips, time-sheets, email correspondence, medical notes and any internal policies that apply to your case.

- Note key dates - date of termination notice, dates of meetings, periods of leave or absence. Deadlines for legal action are short.

- Seek initial advice - visit a free legal aid point if eligible, or contact a labour law specialist - either an adwokat or radca prawny - for a focused consultation.

- Consider negotiation or mediation - a lawyer can often help to reach a settlement without court, which can be faster and less costly.

- If litigation is needed, appoint legal representation to prepare and file claims on time, gather evidence and represent you in court.

- For employers, get legal help before starting complex processes such as collective redundancies to reduce the risk of procedural mistakes and penalties.

If you are unsure where to start, write down the key facts of your situation and call your local employment office or a free legal aid point to be directed to the right local resources in Mława.