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Find a Lawyer in SandomierzAbout Hiring & Firing Law in Sandomierz, Poland
Hiring and firing in Sandomierz follows Polish national employment law, with local public bodies and courts handling implementation and disputes. The core rules are set out in the Polish Labor Code - Kodeks pracy - which governs employment contracts, working time, wages, termination procedures, employee protections and employer obligations. While the law is national, you will interact with local institutions in Sandomierz such as the municipal office - Urząd Miasta Sandomierz - the Powiatowy Urząd Pracy in the Sandomierz powiat, and regional branches of the Państwowa Inspekcja Pracy - State Labour Inspectorate. Courts with jurisdiction over employment disputes operate locally, and many practical steps - registrations, notifications and applications for public support - are handled in Sandomierz.
Why You May Need a Lawyer
Labour law disputes can be legally complex and time-sensitive. You may need a lawyer if any of the following apply:
- You receive a termination notice and you think the dismissal is unfair, discriminatory or procedurally flawed.
- Your employer seeks to change essential terms of employment - for example salary, working hours or place of work - and you need to challenge or negotiate those changes.
- You face redundancy or collective dismissal processes and need advice on severance, consultation rights and legal protections.
- You believe you have been the victim of discrimination, harassment or unlawful disciplinary measures.
- You are an employer planning to dismiss employees and want to ensure compliance with notice rules, consultation obligations and documentation requirements to avoid legal claims.
- You need help with contracts - drafting employment contracts, civil-law contracts (umowa zlecenie, umowa o dzieło) or determining correct employment status (employee versus contractor).
- You are hiring foreign workers and must comply with work permit and immigration rules.
- You plan to bring or defend a claim in a labour court and need representation or procedural guidance.
Local Laws Overview
The legal framework that matters most in Sandomierz is national law, administered locally. Key aspects to know include:
- Employment contracts - The most secure form is an employment contract (umowa o pracę). Contracts must specify type of work, place of work, remuneration and conditions of employment. Civil-law contracts are possible for certain tasks but do not grant the same protections as employment contracts.
- Types of contracts - Probationary contracts (umowa na okres próbny), fixed-term contracts and indefinite contracts have specific legal limits and formal requirements. The Labor Code restricts how many successive fixed-term contracts can be concluded and how long probation may last.
- Notice periods - Notice periods for termination depend on the type of contract and length of service. Notice must be given in writing. Special rules apply for termination during a probationary period and for immediate dismissals for serious breaches.
- Grounds for dismissal - Employers may dismiss for employee fault, organisational reasons or other justified reasons. Dismissal procedures must respect formal rules and employee protections.
- Protected employees - Certain groups have special protection against dismissal, including pregnant employees, those on parental leave, trade union representatives and employees with a disability. Employers must follow strict procedures and often obtain consent from a labour inspector or trade union before dismissal.
- Redundancies and collective dismissals - When dismissals affect many employees, additional consultation, notification and severance rules apply. Employers may need to consult trade unions and notify local employment authorities.
- Severance pay - Severance can be due in redundancies or specific termination circumstances. Amounts and eligibility depend on statutory rules and any collective agreements.
- Working time and pay - The Labor Code sets limits on working hours, rest periods, overtime pay and minimum wage rules. Employers must record working time and pay statutory wage components.
- Occupational health and safety - Employers must ensure safe working conditions and follow BHP rules. The Państwowa Inspekcja Pracy (PIP) enforces OHS standards locally.
- Dispute procedures - Employment disputes are heard by civil courts - labour law matters are decided by common courts with labour law competence. Administrative bodies like the PIP and Powiatowy Urząd Pracy assist with inspections, registrations and public programmes.
- Local administration - For registrations, notifications and public employment support visit the Powiatowy Urząd Pracy in Sandomierz and the relevant offices at the Starostwo Powiatowe or Urząd Miasta. For inspections or complaints about employer conduct contact the regional PIP office.
Frequently Asked Questions
What types of employment contracts are used in Poland and which one should I use?
The main types are an employment contract (umowa o pracę), a contract for specific work (umowa o dzieło) and a contract of mandate (umowa zlecenie). An employment contract provides the broadest worker protections - paid leave, notice periods, social insurance and statutory benefits. Civil-law contracts may be suitable for genuine freelance or short-term project work but should not be used to disguise employment. Choose based on the nature of the work, control levels and legal obligations - consult a lawyer if unsure.
How much notice does an employer need to give to terminate employment?
Notice periods depend on the contract type and employee length of service. Probationary terminations may have short notice periods. For standard employment contracts notice length increases with service. Notice must be in writing. Because rules vary by situation, check your contract and get local advice to confirm the applicable period.
Can I be dismissed without cause?
Poland allows terminations for reasons linked to the employer or employee conduct, but dismissals cannot be arbitrary. Termination must follow the Labor Code and procedural rules. Employees in protected groups enjoy extra safeguards. An unlawful dismissal can be challenged in court.
What are my rights if my employer wants to make redundancies?
In redundancy situations employers must follow statutory procedures - consultation, information to trade unions or employee representatives, notification to authorities and, in many cases, payment of severance. Collective dismissals trigger additional obligations. If you face redundancy, document the process and seek advice about severance entitlements and re-employment offers.
How soon must I act if I think my dismissal was unfair?
There are short statutory deadlines for filing claims in labour courts and for initiating certain administrative complaints. These deadlines can be counted in days or weeks, so act promptly - gather documents, request written reasons for dismissal and consult a lawyer without delay.
What remedies are available if my dismissal is unlawful?
Remedies can include reinstatement to the job, compensation for lost earnings, annulment of a termination notice and damages. The exact remedy depends on the nature of the violation and the court ruling. A lawyer can advise on the likely outcome in your case.
Am I entitled to severance pay?
Severance pay is due in certain types of dismissals, especially in redundancies or when required by statutory rules or collective agreements. Eligibility and calculation depend on length of service and the reason for termination. Check your contract and any applicable collective agreements and consult a lawyer to confirm entitlements.
What protections exist against discrimination or harassment at work?
The Labour Code and other Polish laws prohibit discrimination and harassment on grounds such as sex, age, disability, religion, nationality and other protected characteristics. Victims can bring civil claims, file complaints with labour inspectors and seek remedies including damages and reinstatement. Keep records and witness statements to support any complaint.
Can an employer change my terms of employment unilaterally?
Major changes to essential terms - such as salary, job duties or place of work - generally require employee consent or must follow methods provided in the contract or Labour Code. Employers may propose changes and offer termination with new terms by agreement. Unilateral adverse changes can be challenged legally.
How do rules differ when hiring foreign workers?
Hiring non-Polish nationals can require work permits, declarations or other documentation depending on the worker's nationality and status. Immigration rules, social security registration and specific administrative steps must be followed. Employers should verify right to work and ensure proper permits are in place before starting employment.
Additional Resources
Useful local and national bodies to contact or consult include:
- Powiatowy Urząd Pracy in Sandomierz - for unemployment programmes, hiring subsidies and local labour market services.
- Urząd Miasta Sandomierz or Starostwo Powiatowe - for information about free legal aid programmes that the municipality or powiat may provide.
- Państwowa Inspekcja Pracy (PIP) - the State Labour Inspectorate enforces labour law and OHS standards and can carry out inspections and advise on employer compliance.
- Regional courts handling labour disputes - courts have specialised labour law sections that decide employment claims.
- Trade unions and employee representative bodies - they can provide advice, representation in collective matters and assistance in disputes.
- Local legal aid centres - Poland runs a system of free legal assistance points - check availability through local municipal offices.
- Professional associations of labour law attorneys - seek a lawyer with local experience in Świętokrzyskie region and employment law.
Next Steps
If you need legal assistance with hiring or firing in Sandomierz, consider the following practical steps:
- Gather documents - contracts, termination letters, payslips, internal policies, emails, meeting notes and any written warnings. Create a clear timeline of events.
- Request written explanations - if dismissed or disciplined, ask your employer for written reasons for their decision.
- Contact local authorities - if you need immediate inspection or advice, contact the regional office of Państwowa Inspekcja Pracy or the Powiatowy Urząd Pracy in Sandomierz to understand administrative options.
- Seek legal advice quickly - labour disputes have short deadlines. A local attorney experienced in employment law can assess risks, explain remedies and represent you in court or negotiations.
- Consider negotiation or mediation - many disputes can be resolved without litigation through negotiation, settlement or mediation. A lawyer can help prepare settlement terms that protect your rights.
- Use free legal aid if eligible - check with Urząd Miasta Sandomierz or the powiat office about any available free legal consultations or legal aid schemes.
- Keep communicating in writing - preserve email and written communications and avoid informal agreements without documentation.
Employment matters can have significant personal and financial consequences. Acting promptly, documenting carefully and getting specialist legal help are the best ways to protect your rights in Sandomierz.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.