Best Hiring & Firing Lawyers in Poznan

About Hiring & Firing Law in Poznan, Poland

In Poznan, Poland, the framework governing hiring and firing is primarily defined by the Polish Labour Code. This legislation outlines the rights and obligations of both employers and employees during the employment lifecycle. The laws are designed to ensure fair treatment, protect employee rights, and provide mechanisms for resolving disputes. Poznan, being one of Poland's major cities, has a vibrant economic environment, and understanding local employment law is crucial for both businesses and employees to maintain compliance and foster harmonious work relationships.

Why You May Need a Lawyer

Several situations can arise where individuals or businesses may seek legal advice related to hiring and firing in Poznan. Employers may require legal help to ensure their hiring processes comply with anti-discrimination laws, or when drafting employment contracts. They may also need assistance navigating complex situations such as layoffs or employee misconduct. Employees, on the other hand, might need legal advice if they believe they have been unfairly dismissed, if there are disputes over contract terms, or if they face workplace discrimination or harassment. A lawyer specialized in this field can provide guidance to understand your rights and obligations under Polish employment law.

Local Laws Overview

Key aspects of local laws related to hiring and firing in Poznan include:

• Employment Contracts: Employment relationships must be documented in a written contract, outlining the terms of employment, including the role, salary, and other conditions.
• Non-Discrimination and Equal Treatment: Employers must ensure recruitment and firing decisions are free from discrimination based on gender, age, disability, race, religion, or sexual orientation.
• Termination of Employment: The Labour Code specifies procedures for terminating employment, including notice periods and acceptable grounds for dismissal.
• Collective Dismissals: Companies considering mass layoffs must adhere to specific regulations, including consulting with trade unions and notifying the labor office.
• Employee Rights: Employees have rights to appeal against unfair dismissals, and may be entitled to compensation or reinstatement.

Frequently Asked Questions

What are the legally acceptable reasons for terminating an employee?

In Poland, valid reasons for termination include areas such as employee incompetence, breach of duty, redundancy, and other justified reasons. Employers must provide a written notice specifying the reason for dismissal.

What is the required notice period for terminating an employment contract?

The notice period depends on the length of employment. It's usually two weeks for employees with less than six months of service, one month for one to three years of service, and three months for more than three years of employment.

Are employers required to provide a severance package?

Severance pay is required in cases of collective dismissals or if the employer initiates termination without fault of the employee, provided the company has 20 or more employees.

Can an employer terminate an employee on sick leave in Poznan?

Generally, an employer cannot terminate an employment contract while an employee is on sick leave. However, after a certain period of continuous absence, specific regulations permit termination on these grounds under particular conditions.

Does Polish law allow probation periods?

Yes, employment contracts can include a probationary period, not exceeding three months, allowing employers to assess the employee's performance before offering permanent employment.

What steps should I take if I believe I was unfairly dismissed?

Firstly, review the dismissal letter and employment contract. You may file a claim with the labor court to challenge the dismissal, possibly leading to reinstatement or compensation.

Are there specific protections for pregnant employees?

Yes, pregnant employees are protected under Polish labor law. They cannot be dismissed during pregnancy and maternity leave unless the employer declares bankruptcy or liquidation.

Is there a difference between fixed-term and indefinite-term contracts in terms of termination?

Yes, fixed-term contracts automatically end on the specified date without notice, while indefinite-term contracts require a justified reason for termination and must adhere to standard notice periods.

What should an employment contract in Poznan include?

An employment contract must specify the role, responsibilities, salary, working hours, start date, and include any probationary conditions.

How do collective dismissals work under Polish law?

For collective dismissals, employers must engage in consultations with trade unions, provide appropriate notices, and follow the labor code's procedural requirements, ensuring both social and labor office notifications.

Additional Resources

For further assistance, consider reaching out to the following resources:

• Ministry of Family, Labour, and Social Policy: Provides regulatory information and guidelines.
• Local Labour Offices: Offer support and resources for both employers and employees on employment matters.
• Legal Aid Centers: Provide legal advice and representation for those unable to afford private legal services.
• Trade Unions: Can provide support and representation in labor disputes.

Next Steps

If you require legal assistance in hiring or firing matters in Poznan, consider the following steps:

• Consult with a lawyer specializing in employment law to review your contract or situation.
• Gather all relevant documentation related to the employment agreement or termination.
• Research local legal aid and resources that may provide additional support or information.
• Prepare to discuss your case in detail with legal counsel, being clear about your goals and any desired outcomes.