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Kancelaria Adwokacka adw. dr Joanna Kaźmierczak​

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Kancelaria Adwokacka

adw. dr Joanna Kaźmierczak​

Labour law

Labour law

Legal assistance includes the preparation of contracts related to the employment relationship, such as:

– contracts of indefinite duration

– fixed-term employment contracts,

– confidentiality agreements,

– non-compete agreements,

– entrustment agreements,

– handover and acceptance protocols for the entrusted property,

– contractual terminations,

– change notice,

– statements,

– collective agreements.

Legal assistance includes the preparation of draft internal documentation related to the employment contract for the employer, in particular:

– working regulations,

– remuneration regulations,

– regulations for remote working,

– regulations for the filing of complaints and protection of whistleblowers,

– regulations specifying the conditions for processing personal data.

Legal assistance includes advice, opinion, analysis and representation in proceedings to establish the existence or non-existence of an employment relationship.

The legal basis for an action to establish the existence of an employment relationship is Article 189 of the Code of Civil Procedure, according to which a plaintiff may demand that the court establish the existence or non-existence of a legal relationship or a right if he or she has a legal interest in doing so.

The effect of allowing the claim is that the legal relationship between the parties to the lawsuit must be deemed to meet the criteria of an employment contract. The consequence of its recognition as a contract of employment, on the other hand, is the obligation to pay outstanding benefits due to the employee, e.g. compensation for unused holiday.

Legal assistance includes advice, opinion, analysis and representation in proceedings on an appeal against an employer’s termination of an employment contract and in an action for reinstatement under the previous terms and conditions or for damages brought in the event of termination of an employment contract by the employer without notice.

The regulation of the employee’s rights in the event of an unlawful termination of an employment contract by the employer by notice is contained in Articles 44 et seq. of the Labour Code. Pursuant to Article 44 of the Labour Code, an employee may lodge an appeal against the termination of an employment contract with the labour court referred to in Section Twelve.

Article 45 of the Labour Code lists the rights of an employee in the event of unlawful termination of an employment contract. This provision states that:

  • 1. In the event that it is established that the termination of an employment contract concluded for a definite period of time or an employment contract concluded for an indefinite period of time is unjustified or violates the provisions on termination of employment contracts, the labour court – according to the employee’s demand – shall decide on the ineffectiveness of the termination, and if the contract has already been terminated – on the reinstatement of the employee to work on the previous terms and conditions or on compensation.
  • 2. The labour court may disregard the employee’s demand for declaring the termination as ineffective or for reinstatement if it determines that it is impossible or inexpedient to grant such a demand; in such a case, the labour court shall rule on compensation. If the period until which the fixed-term employment contract was to have lasted has expired before the judgment was rendered, or if reinstatement would be inadvisable due to the short period remaining until the expiry of that period, the employee shall only be entitled to compensation.
  • 3. The provision of the first sentence of § 2 shall not apply to the employees referred to in Articles 39 and 177 and in the special provisions on the protection of employees against termination or dismissal, unless it is impossible to grant the employee’s request for reinstatement for the reasons set out in Article 411; in such a case the labour court shall rule on compensation.

According to Article 471 of the Code of Labour, the compensation referred to in Article 45 shall be in the amount of remuneration for a period from 2 weeks to 3 months, but not less than the remuneration for the notice period. In the case of termination of an employment contract concluded for a definite period of time, where the term until which the contract was to last, as specified in the contract, has expired before the labour court’s decision, or where reinstatement would be inadvisable due to the short period remaining until the expiry of the term, the compensation is due in the amount of remuneration for the period until which the contract was to last, but no more than for the period of 3 months.

In turn, the regulation of an employee’s rights in the event of termination without notice is contained in Articles 56 et seq. of the Labour Code.

Pursuant to Article 56 of the PC:

  • 1. An employee with whom an employment contract has been terminated without notice in violation of the provisions on termination of employment contracts in this manner shall be entitled to a claim for reinstatement on the previous terms and conditions or for compensation. The reinstatement or compensation shall be decided by the labour court.
  • 2. The provisions of Article 45 § 2 and 3 shall apply mutatis mutandis.

According to Article 58 of the Labour Code, the compensation referred to in Article 56 is entitled to the amount of remuneration for the notice period. In the case of termination of an employment contract concluded for a definite period of time, the compensation is due in the amount of remuneration for the period until which the contract was to last, but no more than for the notice period.

Legal assistance also includes advice, analysis and representation in an action for damages in the event of unjustified termination of an employee’s employment contract without notice.

Pursuant to Article 611 of the Labour Code, in the event of unjustified termination of an employment contract by an employee without notice pursuant to Article 55 § 11 , the employer is entitled to claim compensation. The compensation is decided by the labour court.

According to Article 612 k.p.:

  • 1. The compensation referred to in Article 611 , is due in the amount of the employee’s remuneration for the notice period. In case of termination of an employment contract concluded for a definite period of time, the compensation shall be due in the amount of the remuneration for the period until which the contract was to last, but not more than for the notice period.
  • 2. If the labour court decides on compensation, the provision of Article 55 § 3 shall not apply.

Legal assistance includes advice, analysis and representation in an employment benefits claim, e.g.:

– equivalent for unused leave,

– Diets,

– overtime pay,

– statutory bonuses,

– allowances for night work,

– holiday pay allowances,

– allowances for working in harmful conditions,

– jubilee awards,

– briefings.

Legal assistance includes advice, analysis and representation in an action for damages or liquidated damages arising from a breach of employee obligations or contractual provisions, e.g.:

– non-compete,

– duty of confidentiality,

– duty of care for the property entrusted to them,

– company secrets,

– the provisions of a loyalty agreement on the financing by the employer of the employee’s professional qualification costs, e.g. training, examination, course, etc.

Legal assistance includes advice, analysis, pre-litigation negotiations and representation in proceedings for compensation for an employee’s injury to the employer.

Pursuant to Article 114 of the Labour Code, an employee who, as a result of non-performance or improper performance of his or her employment duties through his or her fault, causes damage to the employer shall be held materially liable in accordance with the provisions of this chapter.

According to Article 115 of the Labour Code, an employee is liable for damage up to the limit of the actual loss suffered by the employer and only for the normal consequences of the act or omission from which the damage arose.

Pursuant to Article 116 of the Labour Code, the employer is obliged to prove the circumstances justifying the employee’s liability and the amount of the damage caused.

Article 117 of the Labour Code introduces limitations to the employee’s liability. According to § 1 of this provision, an employee is not liable for damage to the extent that the employer or another person contributed to its occurrence or increase. According to § 2, on the other hand, the employee does not bear the risk of the employer’s activity and, in particular, is not liable for the damage resulting from acting within the limits of acceptable risk.

Pursuant to Article 118 of the Labour Code, when damage is caused by several employees, each employee is liable for part of the damage according to his or her contribution to the damage and degree of fault. If it is not possible to determine the degree of fault and the contribution of individual employees to the damage, they are liable in equal parts.

According to Article 119 of the Labour Code, the compensation shall be determined in the amount of the damage caused, but it cannot exceed the amount of three months’ salary to which the employee was entitled on the day the damage was caused.

Pursuant to Article 120 § 1 of the Labour Code, if an employee causes damage to a third party in the performance of his/her employment duties, only the employer is liable to repair the damage. Pursuant to Article 120 § 2 of the Code of Labour Procedure, the employee shall be liable to the employer who has repaired the damage caused to a third party, as provided for in the provisions of this chapter.

Pursuant to Article 121 § 1 of the Labour Code, if the damage is repaired on the basis of a settlement between the employer and the employee, the amount of compensation may be reduced, taking into account all the circumstances of the case, and in particular the degree of the employee’s fault and his/her attitude towards his/her employment obligations. Pursuant to Article 121 § 2 of the Code of Labour and Employment, taking into account the circumstances mentioned in § 1, the amount of compensation may also be reduced by the labour court; this also applies if the damage is repaired on the basis of a court settlement.

The limitation of liability does not extend to intentional damage. According to Article 122 of the Labour Code, if an employee has intentionally caused damage, he or she is obliged to compensate for it in full.

Legal assistance includes advice, negotiation, analysis and representation in bullying cases.

According to Article 943 § 1 of the Labour Code, the employer is obliged to counteract mobbing. The legislator has provided a definition of mobbing. According to Article 943 § 2 of the P.C.P., mobbing means actions or behaviours concerning an employee or directed against an employee, consisting of persistent and prolonged harassment or intimidation of an employee, causing the employee to lower his or her assessment of his or her professional usefulness, causing or aiming at humiliating or ridiculing the employee, isolating him or her or eliminating him or her from the team of co-workers. Pursuant to Article 943 § 3 of the Labour Code, an employee who has been subjected to harassment and whose health has been damaged by the harassment may claim from the employer an appropriate sum as monetary compensation for the harm suffered. Pursuant to Article 943 § 4 of the Code of Civil Procedure, an employee who has been subjected to mobbing or whose employment contract has been terminated as a result of mobbing has the right to claim compensation from the employer in an amount not lower than the minimum remuneration for work, determined on the basis of separate regulations. Pursuant to Article 943 § 5 of the Code of Labour Procedure, the employee’s declaration of termination of the employment contract should be made in writing, stating the reason referred to in § 2 justifying the termination.

Legal assistance includes counselling, analysis, opinions, negotiations and representation in proceedings that are conducted by the authorities that supervise working conditions, i.e. the State Labour Inspectorate and the State Sanitary Inspectorate.

According to Article 10(1) of the Act of 13.04.2007 on the State Labour Inspectorate, the tasks of the State Labour Inspectorate include:

1) Supervision and control of observance of the labour law, in particular the rules and principles of health and safety at work, regulations concerning the employment relationship, remuneration for work and other benefits resulting from the employment relationship, working time, holidays, employees’ rights related to parenthood, employment of juveniles and disabled persons;

2) (repealed)

3) control of the legality of employment, other gainful employment, the exercise of activities and control of compliance with the obligation:

  1. a) (repealed)
  2. b) the notification by the unemployed to the district labour offices of the start of employment, other gainful employment or activity,
  3. c) payment of contributions to the Labour Fund,
  4. d) the registration in the Register of Employment Agencies of activities which are subject to registration in that Register,
  5. e) operate an employment agency in accordance with the conditions set out in the regulations on employment promotion and labour market institutions,
  6. f) conducting activities by the entities referred to in Article 18c of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws of 2023, item 735, 1429, 1723 and 1737), in accordance with the conditions set out in Article 19c, Article 19d, Article 19fa, Article 19ga, Article 85(2) and Article 85a of that Act;

4) Control of the legality of employment, other gainful employment and the performance of work by foreigners;

5) (repealed)

5a) control of the compliance of products with the requirements, control in terms of the creation of danger by the products and control in terms of formal non-compliance, within the meaning of the Act of 13 April 2016 on conformity assessment and market surveillance systems (Journal of Laws of 2022, item 1854), with regard to the products intended for use at the employers’ premises, excluding the products subject to control by other competent market surveillance authorities within the meaning of this Act, and conducting proceedings in these cases;

6) control of products placed on the market or put into service in terms of their compliance with the essential or other health and safety requirements set out in separate regulations;

6a) supervising compliance by employers with the obligations laid down in Article 35 and Article 37(5) and (6) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Dz.Urz. EU L 396, 30.12.2006, p. 1, as amended), hereinafter referred to as “Regulation No. 1907/2006”, in accordance with separate regulations on labour protection, within the scope of its competence;

6b) Supervising compliance with the conditions of use of substances laid down by the European Chemicals Agency pursuant to Article 9(4) of Regulation No 1907/2006, within its area of competence;

7) taking measures to prevent and reduce risks in the working environment, in particular:

  1. a) investigating the circumstances and causes of accidents at work and monitoring the application of measures to prevent them,
  2. b) analysing the causes of occupational diseases and monitoring the application of measures to prevent them,
  3. c) initiating research work in the field of compliance with labour law and, in particular, occupational health and safety,
  4. () to initiate measures on matters of labour protection in individual agriculture,
  5. e) providing advice to reduce risks to the life and health of workers and on compliance with labour law,
  6. f) taking preventive and promotional measures to ensure compliance with labour law;

8) Interacting with environmental authorities in controlling employers’ compliance with environmental risk prevention regulations;

9) Control:

  1. a) to comply with the health and safety requirements referred to in the Act of 22 June 2001 on micro-organisms and genetically modified organisms (Journal of Laws of 2022, item 546) and those set out in permits for the operation of genetic engineering facilities and in approvals for the contained use of genetically modified micro-organisms and approvals for the contained use of genetically modified organisms, including with regard to:

– labelling of the genetic engineering facility or part of it,

– security measures associated with a particular category of contained use,

– equipment used during the contained use in relation to the particular category of contained use specified in the genetic engineering establishment’s authorisation and the contained use consent,

  1. b) the records kept on the contained use of genetically modified micro-organisms or genetically modified organisms carried out in the genetic engineering plant, where these records contain information relevant to occupational safety and health;

9a) control of the list of jobs where work in special conditions or of a special nature is performed, and control of the records of employees performing work in special conditions or of a special nature referred to in Article 41(4) of the Act of 19 December 2008 on bridging pensions (Journal of Laws of 2023, item 164 and 1667);

10) Providing an opinion on draft legislation on labour law;

11) the right to bring actions and, with the consent of the person concerned, to participate in proceedings before the labour court, in cases to establish the existence of an employment relationship;

12) issuing and revoking permits in cases referred to in Article 3045 of the Act of 26 June 1974. – Labour Code;

13) (repealed)

14) to perform the tasks set out in the Act of 10 June 2016 on the posting of workers in the framework of the provision of services (Journal of Laws 2021, item 1140 and 2023, items 641 and 1523);

14a) providing advice to promote equal treatment of nationals of the Member States of the European Union and of the Member States of the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area – who are exercising their right to free movement of workers, and their family members with regard to:

  1. a) access to employment,
  2. b) employment and working conditions, in particular with regard to remuneration, termination of the contract, health and safety at work and, in the event of job loss, return to work or re-employment,
  3. c) access to social and tax privileges,
  4. d) the rules on trade union membership and the exercise of the active and passive right to vote for workers’ representatives, including trade union bodies and workers’ councils,
  5. e) access to training,
  6. f) access to housing stock,
  7. g) access to education, apprenticeship and vocational training for children of workers,
  8. h) assistance provided by employment offices;

14aa) to perform the tasks set out in the Act of 28 July 2023 on the posting of drivers in road transport (Journal of Laws, item 1523);

14b) prosecution of offences referred to in Articles 106-108 of the Act of 4 October 2018 on Employee Equity Plans (Journal of Laws of 2023, item 46, 1723 and 1941), and participation as a public prosecutor in proceedings concerning such offences;

15) prosecution of offences against employee rights specified in the Labour Code, offences referred to in Articles 119-123 of the Act of 20 April 2004 on employment promotion and labour market institutions, as well as other offences when the acts so provide, and participation in proceedings in these cases as a public prosecutor;

15a) control of fulfilment of the obligations referred to in Article 23r par. 3 and 4 of the Act of 10 April 1997. – Energy Law (Journal of Laws of 2022, item 1385, as amended), with regard to liquid fuels in the performance of the control referred to in item 1;

15b) control of the payment of remuneration resulting from the amount of the minimum hourly rate, in accordance with the provisions of the Act of 10 October 2002 on minimum remuneration for work (Journal of Laws of 2020, item 2207 and of 2023, item 1667);

15c) Control of compliance with the provisions of the Act of 10 January 2018 on Restriction of Trade on Sundays and Holidays and on Certain Other Days (Journal of Laws of 2023, item 158 and 2626), with regard to entrusting an employee or worker to perform work in trade or to perform activities related to trade in commercial establishments;

15d) Control of compliance with the obligations arising from the Act of 4 October 2018 on Employee Equity Plans, in particular:

  1. a) the obligation to conclude RPC agreements and RPC management agreements,
  2. b) to make contributions to the PPK.

16) to perform other tasks specified in the Act and special regulations.

In accordance with Article 10(2) of the Labour Code, the tasks of the State Labour Inspectorate further include the supervision and control of the provision of safe and hygienic working conditions:

1) natural persons performing work on a basis other than an employment relationship and self-employed persons performing economic activities in a place designated by the employer or entrepreneur, other than the employer, for whom such work is performed;

2) by entities organising work performed by natural persons on a basis other than employment, within the framework of socially useful work;

3) persons in prisons and correctional institutions doing work, and soldiers in active service doing work assigned to them.

Legal assistance includes advice, analysis, opinion, negotiation and representation in cases related to accidents at work.

The definition of an accident at work was introduced in Article 3 of the Act of 30.10.2002 on social insurance for accidents at work and occupational diseases. According to Article 3(1) of the above-mentioned Act, an accident at work is a sudden event caused by an external cause resulting in injury or death, which occurred in connection with work:

  • during or in connection with the performance of the employee’s normal activities or the instructions of his/her superiors;
  • during or in connection with the employee’s performance of activities for the employer, even without instruction;
  • while the employee is at the employer’s disposal on the way between the employer’s premises and the place of performance of the duty arising from the employment relationship.

According to Article 3(2) of the aforementioned Act, an accident to which an employee is subjected shall be treated on a par with an accident at work:

  • during a business trip in circumstances other than those referred to in paragraph 1, unless the accident was caused by conduct of the employee which is not connected with the performance of his duties;
  • during training in general self-defence;
  • when carrying out tasks delegated by the trade union organisations operating at the employer.

Pursuant to Article 3(3) of the aforementioned Act, a sudden event caused by an external cause resulting in injury or death, which occurred during the period of accident insurance under a given title during:

  • sports practice during competition and training by the recipient of the sports grant;
  • performing paid work on the basis of a referral to work while serving a sentence of imprisonment or pre-trial detention;
  • the exercise of his or her mandate as a Member or senator in receipt of a salary;
  • taking part in a training course, traineeship, professional preparation of adults or professional preparation in the workplace by a person receiving a scholarship during the period of that training course, traineeship, professional preparation of adults or professional preparation in the workplace on the basis of a referral issued by a poviat employment office or other referral entity, receiving a scholarship on the basis of the provisions on the promotion of employment and labour market institutions during postgraduate studies;
  • the performance of work for these cooperatives by a member of an agricultural production cooperative, a cooperative of agricultural circles and by another person treated in the same way as a member of a cooperative within the meaning of the provisions on the social insurance system;
  • the performance of work on the basis of an agency contract, a contract of mandate or a contract for the provision of services to which, in accordance with the Civil Code, the provisions on mandate apply;

6a) performance of work on the basis of an activation agreement referred to in the Act of 4 February 2011 on care for children aged up to 3 years (Journal of Laws of 2022, item 1324 and 1383);

  • cooperation in the performance of work on the basis of an agency contract, a contract of mandate or a contract for the provision of services to which, in accordance with the Civil Code, the provisions on mandate apply;
  • the performance of ordinary activities connected with the pursuit of non-agricultural activity within the meaning of the provisions on the social insurance system;
  • the performance of ordinary activities connected with cooperation in the pursuit of non-agricultural activity within the meaning of the provisions on the social insurance system;
  • the performance by a cleric of religious activities or activities related to entrusted pastoral or religious functions;
  • serving in alternative service;
  • study at the President of the Republic of Poland Lech Kaczyński National School of Public Administration by students receiving a scholarship;

12a) training in a doctoral school by doctoral students receiving a scholarship;

13) performance of work on the basis of an agency contract, a contract of mandate or a contract for the provision of services to which, in accordance with the Civil Code, the provisions on mandate apply, or a contract for specific work, if such a contract has been concluded with an employer with whom the person has an employment relationship, or if, under such a contract, the person performs work for an employer with whom the person has an employment relationship.

According to Article 3(4) of the Labour Code, a fatal occupational accident shall be deemed to be an accident resulting in death within a period not exceeding six months from the date of the accident.

Pursuant to Article 3(5) of the Labour Code, an accident at work is considered to be a serious accident resulting in severe bodily injury, such as loss of sight, hearing, speech, reproductive capacity or other bodily injury or disorder of health impairing basic bodily functions, as well as an incurable or life-threatening illness, permanent mental illness, total or partial inability to work in an occupation or permanent, significant disfigurement or disfigurement of the body.

According to Article 3(6) of the Labour Code, a collective accident at work is considered to be an accident involving two or more persons in the same incident.

According to Article 6(1) of the above-mentioned Act, the following benefits are available for an accident at work or occupational disease:

  • ‘sickness benefit’ – for an insured person whose inability to work was caused by an accident at work or an occupational disease;
  • ‘Rehabilitation benefit’ – for an insured person who, after exhaustion of the sickness benefit, is still unable to work and further medical treatment or rehabilitation offers the prospect of regaining the ability to work;
  • ‘compensation allowance’ – for an insured employee whose salary has been reduced as a result of a permanent or long-term injury;
  • ‘one-off compensation’ – for an insured person who has suffered a permanent or long-term injury;
  • ‘one-off compensation’ – for family members of a deceased insured person or pensioner;
  • ‘incapacity pension’ – for an insured person who has become incapable of working as a result of an accident at work or an occupational disease;
  • ‘training allowance’ – for an insured person for whom retraining has been declared advisable due to inability to work in the current profession caused by an industrial accident or occupational disease;
  • ‘survivor’s pension’ – for the members of the family of a deceased insured person or a pensioner entitled to a pension on the grounds of an accident at work or occupational disease;
  • a ‘survivor’s pension supplement’ – for an orphan;
  • attendance allowance;
  • to cover the costs of dental treatment and immunizations as well as the supply of orthopaedic appliances within the scope of the Act.

Pursuant to Article 234 § 1 of the Labour Code, in the event of an accident at work, the employer is obliged to take the necessary measures to eliminate or reduce the danger, to ensure that first aid is provided to the injured persons and that the circumstances and causes of the accident are established in the prescribed manner, and to apply appropriate measures to prevent similar accidents. Pursuant to Article 234 § 2 of the Labour Code, the employer is obliged to immediately notify the competent district labour inspector and the public prosecutor of a fatal, serious or collective accident at work, as well as of any other accident that caused the listed consequences, which is related to work, if it can be considered an accident at work. According to Article 234 § 3 of the Labour Code, the employer is obliged to keep a register of accidents at work. According to Article 234 § 31 of the Labour Code, the employer is obliged to keep the record of the determination of the circumstances and causes of the accident at work together with other post-accident documentation for 10 years. Pursuant to Article 234 § 4 of the Labour Code, the costs related to establishing the circumstances and causes of accidents at work are borne by the employer.

Legal assistance includes consultancy, analysis, opinions, negotiations and representation in proceedings that are governed by the Act of 13.03.2003 on special principles of termination of employment relations with employees for reasons not related to employees.

Pursuant to Article 1(1) of the aforementioned Act, the provisions of the Act shall be applied in the event that it is necessary for an employer employing at least 20 employees to terminate employment relationships for reasons not related to employees, by notice given by the employer, as well as by agreement of the parties, if, within a period not exceeding 30 days, the dismissal involves at least:

1) 10 employees when the employer has fewer than 100 employees,

2) 10 per cent of the employees when the employer employs at least 100 but less than 300 employees,

3) 30 employees when the employer employs 300 or more employees

– hereinafter referred to as ‘collective redundancy’.

  1. The figures relating to the employees referred to in paragraph (1) shall include employees with whom, within the framework of a collective redundancy, the employment relationship is terminated on the employer’s initiative by agreement of the parties, if at least 5 employees are concerned.

According to Article 2 of the aforementioned Act:

  1. The employer shall consult the company trade union organisations operating at the employer about the intention to carry out collective redundancies.
  2. The consultation referred to in paragraph 1 shall focus in particular on the possibility of avoiding or reducing the severity of the collective redundancy as well as on the staff matters relating to that redundancy, including in particular the possibility of retraining or professional re-training as well as the possibility for the redundant workers to obtain other employment.
  3. The employer is obliged to notify in writing the company trade union organisations of the reasons for the intended collective redundancy, the number of employees employed and the occupational groups to which they belong, the occupational groups of employees covered by the intended collective redundancy, the period within which such redundancy will take place, the proposed criteria for selecting employees for collective redundancy, the order in which the redundancies will take place, the proposals for the settlement of employee matters related to the intended collective redundancy, and if they include cash benefits, the employer is additionally obliged to present the method for determining their amount.
  4. The employer shall provide the company trade union organisations with the information referred to in paragraph (3) within a period of time that allows these organisations to make proposals within the framework of the consultation on the matters referred to in paragraph (2).
  5. In the course of consultations, the employer shall also provide the company trade union organisations with information other than that referred to in paragraph (3) if it may affect the course of consultations and the content of the agreement referred to in Article 3.
  6. The employer shall provide in writing to the competent district labour office the information referred to in paragraph (3), with the exception of the information on how to determine the amount of cash benefits to which employees are entitled.

6a. In the event of an intention to carry out collective redundancies concerning members of the crew of a sea-going vessel of Polish nationality, the employer shall forward the information referred to in section 6 to the district labour office competent as regards the seat of the shipowner.

  1. If there are no company trade union organisations at a given employer, the powers of such organisations within the scope of paragraphs (1) to (5) shall be vested in the employees’ representatives elected in accordance with the procedure adopted at the given employer.

According to Article 3 of the aforementioned Act:

  1. Within no more than 20 days from the date of the notification referred to in Article 2(3), the employer and the company trade union organisations shall conclude an agreement.
  2. The agreement referred to in paragraph (1) shall set out the rules for dealing with matters concerning the employees affected by the intended collective redundancy, as well as the employer’s obligations to the extent necessary to resolve other employee matters relating to the intended collective redundancy.
  3. If it is not possible to agree on the content of the agreement with all company trade union organisations, the employer shall agree on the content of the agreement with trade union organisations that are representative within the meaning of Article 253(1) or (2) of the Trade Union Act of 23 May 1991 (Journal of Laws of 2022, item 854), each of which unites at least 5% of the employees employed by the employer.
  4. If it is not possible to conclude an agreement in accordance with paragraphs (1) and (3), the rules for dealing with matters concerning employees affected by the intention of collective redundancy shall be laid down by the employer in the regulations, taking into account, as far as possible, the proposals made in the course of consultation by the company trade union organisations.
  5. If there are no company trade union organisations at a given employer, the rules of procedure in matters concerning employees covered by the intention of collective redundancy shall be determined by the employer in the regulations, after consultation with the employees’ representatives selected in accordance with the procedure adopted at the given employer.

According to Article 4 of the aforementioned Act:

  1. The employer shall – after concluding an agreement, and in the event of failing to conclude an agreement after fulfilling the obligation referred to in Article 3 (4) or (5) – notify in writing the competent district labour office of the adopted arrangements for group dismissal, including the number of employed and dismissed workers and the reasons for their dismissal, the period within which the dismissal is to take place, as well as of the consultation of the intended group dismissal with the company trade unions or with the representatives of employees selected in accordance with the procedure adopted at the employer.

1a. In the event of an intention to carry out collective redundancies concerning members of the crew of a sea-going vessel of Polish nationality, the employer shall forward the information referred to in subsection 1 to the district labour office competent as regards the seat of the shipowner.

  1. The employer shall provide a copy of the notification referred to in paragraph (1) to the company trade union organisations. The company trade union organisations may present their opinion on the collective redundancy to the competent district labour office.
  2. Where there are no company trade union organisations at the employer concerned, the provision of paragraph (2) shall apply mutatis mutandis to the employees’ representatives elected in accordance with the procedure adopted at the employer concerned.
  3. In the event of termination of the employer’s activities as a result of a final court decision, the notification referred to in paragraph (1) shall be required when so requested by the competent district employment office.
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