Best Hiring & Firing Lawyers in Trzebiatów

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Founded in 2016
1 person in their team
English
Kancelaria Adwokacka Bartosz Kowalicki specializes in a wide range of legal services for individuals and entrepreneurs, with a focus on civil matters, consumer bankruptcy, employment issues, and intellectual property. Established in 2016, the firm operates from Trzebiatów and supports clients...
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1. About Hiring & Firing Law in Trzebiatów, Poland

Hiring and firing in Poland are governed primarily by the Polish Labour Code (Kodeks pracy). This body of law outlines when an employment contract can be created, how it can be terminated, and what protections employees have during the process. In Trzebiatów, as in the rest of Poland, employers must follow formal rules for notice periods, justifications for dismissal, and any severance or compensation obligations. The local enforcement and dispute resolution will typically involve regional courts and the National Labour Inspectorate (PIP).

The typical forms of employment include the open-ended contract (umowa o pracę na czas nieokreślony), fixed-term contracts (na czas określony), and probationary periods (okres próbny). Terminations can be initiated by the employer for reasons defined by the Labour Code or by mutual agreement. Employees have rights related to notice, severance pay, non-discrimination, and protection from unfair dismissal, all of which apply regardless of whether the employer is a small business or a larger local enterprise in Trzebiatów.

Local dynamics in Trzebiatów may involve small and medium-sized enterprises and municipal employers. In all cases, accurate documentation, compliant notice procedures, and clear justification are essential to avoid disputes. For residents, understanding the formal steps helps protect both sides during hiring and termination processes.

Key government bodies and sources for authority and guidance include the Państwowa Inspekcja Pracy (PIP) and the Office for Personal Data Protection implemented in Poland (UODO). These agencies provide official guidance on compliance, equal treatment, and data protection in employment processes.

Source guidance and enforcement: Państwowa Inspekcja Pracy (PIP) and UODO provide official rules on handling terminations, discrimination, and data protection in hiring and firing.

For authoritative texts, the Dziennik Ustaw (Journal of Laws) publishes the current form of the Labour Code and related employment statutes. You can consult official acts and amendments on the Dziennik Ustaw website.

2. Why You May Need a Lawyer

Here are concrete, real-world scenarios relevant to residents and businesses in Trzebiatów where legal counsel can be crucial.

  • Disagreeing with a disciplinary dismissal or termination without proper notice (zwolnienie bez wypowiedzenia or zwolnienie dyscyplinarne) and seeking reversal or compensation.
  • Unclear or contested classification of a worker as an employee vs. a contractor (umowa o pracę vs. umowa zlecenia) and potential misclassification in a local business.
  • Claims of discriminatory treatment or harassment in hiring or termination process (egual treatment in employment) under the Polish act on equal treatment.
  • Handling collective redundancies (zwolnienia grupowe) in a company with several employees that requires specific consultation and procedures.
  • Drafting or challenging post-termination covenants (non-compete and non-disclosure agreements) to ensure they are reasonable and enforceable.
  • Negotiating severance, notice periods, and final settlements when an employer terminates a contract or when there is mutual termination in Trzebiatów.

A local lawyer can help assess whether employment terms comply with the Labour Code, prepare compliant notices, negotiate settlements, and represent you in labour court or before administrative bodies if needed. They can also advise on data protection concerns during hiring and termination, ensuring compliance with GDPR rules as implemented by Polish authorities.

3. Local Laws Overview

The following laws and regulations govern Hiring & Firing in Trzebiatów and across Poland. They determine when and how termination is permitted, how to treat employees fairly, and how personal data used in hiring is protected.

Kodeks pracy (Polish Labour Code) - The baseline law regulating employment contracts, termination procedures, notice periods, and employee protections. It covers types of contracts, reasons for dismissal, and safeguards against unfair termination. For current text and amendments, consult the official acts published in the Dziennik Ustaw.

Ustawa o równości traktowania w zatrudnieniu i pracy (Act on Equal Treatment in Employment and Occupation) - Governs prohibitions on discrimination in hiring, terms of employment, and termination. This statute supports fair treatment regardless of gender, age, race, religion, disability, or other protected characteristics. This act has shaped how terminations and hiring practices are reviewed in courts and by inspectors.

UODO - Ustawa o ochronie danych osobowych (data protection rules implemented in Poland) - Applies to processing of personal data in hiring and termination. It implements GDPR requirements in Poland and is enforced by the Polish data protection authority (UODO). Employers must have legitimate grounds for processing data and provide transparency to candidates and employees.

Recent changes and enforcement trends emphasize compliance with equal treatment and data protection in hiring and termination, backed by statutory enforcement and inspections. For current texts and updates, you can reference official government sources such as the Dziennik Ustaw and the NIl (PIP) for enforcement guidance.

Official sources and references

4. Frequently Asked Questions

What are the typical grounds for lawful termination of an employment contract in Poland?

The Labour Code lists several permissible reasons, including legitimate business needs, employee misconduct, or redundancy. It also requires a valid notice period or immediate termination in disciplinary cases with clear evidence.

How long is a standard notice period under the Polish Labour Code?

Notice periods vary by duration of employment. Typical periods are two weeks for shorter service and up to three months for longer service, with specific scales defined in the Labour Code.

Do I need a lawyer to challenge an unfair dismissal in Trzebiatów?

Not required, but a lawyer can clarify your rights, help gather evidence, and represent you in court or before labor authorities to pursue remedies or compensation.

Can a fixed-term contract be renewed or converted to a permanent contract?

Yes, a fixed-term contract may be renewed, but repeated renewals can create a presumption of an indefinite contract if the substance of work and duration resemble ongoing employment.

How do I protect my personal data during hiring in Poland?

Data protection requires obtaining lawful grounds for processing, limiting data collection to what is necessary, and providing access to data subjects about processing, retention, and rights under GDPR implemented through UODO rules.

What is the process for termination due to redundancy in a small town in Poland?

Redundancy requires legitimate business reasons, a written plan, and consultation with employee representatives or a workplace forum, followed by proper notice and severance as applicable.

Should I sign a non-compete clause and what should I check in Poland?

Non-compete clauses must be reasonable in scope and time, and they typically require compensation. A lawyer can assess enforceability and scope relative to your role and market.

How much severance pay am I entitled to in Poland after termination?

Severance depends on contract type, length of service, and grounds for termination. In some cases, statutory severance or negotiated settlements apply, which a lawyer can help calculate and negotiate.

What is zwolnienie dyscyplinarne and when is it allowed?

Zwolnienie dyscyplinarne is immediate dismissal for a serious breach of duties, with no notice required, but it must be clearly justified by conduct that justifies such drastic action.

Where can I file a complaint about labor rights violations in Trzebiatów?

Complaints can be filed with the local branch of the Państwowa Inspekcja Pracy (PIP) or the regional court if a dispute proceeds to litigation or enforcement concerns.

Is there a difference between termination by the employer and a mutual termination agreement?

Employer termination is unilateral and subject to notice and reasons, while a mutual termination agreement (porozumienie stron) is negotiated and formalized in writing with mutual consent.

Do I need a lawyer to draft a written termination notice?

A lawyer can help ensure the notice complies with formal requirements, cites the correct grounds, and avoids ambiguities that could lead to disputes later.

5. Additional Resources

  • PIP - Państwowa Inspekcja Pracy - Enforcement of employment law, guidance on lawful termination, and handling worker complaints. https://www.pip.gov.pl
  • UODO - Generalny Inspektor Ochrony Danych Osobowych - Guidance on data protection in hiring and personnel management in Poland. https://www.uodo.gov.pl
  • Dziennik Ustaw - Official publication of Polish laws including the Kodeks pracy and related acts. https://dziennikustaw.gov.pl

6. Next Steps

  1. Clarify your objective in writing down what outcome you want from hiring or termination, including any compensation or corrective actions.
  2. Compile all relevant documents such as your contract, amendments, notices, performance reviews, and any communications related to the termination or hiring process.
  3. Identify local employment lawyers or firms in Trzebiatów or Kamień Pomorski County with experience in the Labour Code and local enforcement practice.
  4. Schedule an initial consultation to review your case, confirm jurisdiction, and discuss potential remedies, timelines, and fee arrangements.
  5. Request a preliminary assessment in writing, including expected steps, required evidence, and likely costs, so you can compare options.
  6. Ask about fee structures (hourly, flat fee for specific tasks, or contingency where appropriate) and any costs for expert opinions or additional filings.
  7. Develop a plan with your lawyer for next steps, including any needed communications with your employer, PIP, or the court system, and set realistic deadlines.

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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.

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