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    Tax & Legal | Employment law for employers

    Employment law for employers.

    We support employers with Polish employment law: drafting and updating contracts, workplace rules, procedures and remuneration models, setting up remote working, managing executive responsibilities, restructuring the workforce, handling dismissals and resolving employment disputes.

    Zwyrtek Group advises employers across the entire employment lifecycle: from choosing the right engagement and employment model, through documentation and day-to-day people management, to restructuring, ending working relationships and disputes. We work with business owners, management boards, HR and People Operations teams, CFOs, managers and those responsible for HR administration and payroll, including foreign companies hiring, or planning to hire, people in Poland.

    We act for employers only. We do not represent employees in claims against employers.

    When we help

    When an employer needs support.

    Employers most often come to us in one of the following situations:

    • hiring a first employee or growing the team
    • creating or updating employment documentation
    • changing terms of employment
    • introducing remote or hybrid working
    • designing pay, bonus and benefits schemes
    • changing the organisational structure
    • a transfer of undertaking or part of the business
    • acquiring a company or carrying out due diligence
    • reducing headcount
    • individual and collective redundancies
    • conflict within the team
    • an inspection by the National Labour Inspectorate (PIP)
    • employee claims and litigation
    • assessing B2B, civil-law and other engagement models
    • a foreign employer expanding its operations in Poland

    We tailor the work to the situation. Not every matter calls for a full documentation review or every step described below.

    Scope of support

    Scope of our support.

    Our support covers ten areas. You can use just one of them or combine several into a single project.

    1. 01

      Contracts and employment models

      The nature of a working relationship depends on how the work is actually done, not on what the contract is called. We make sure the documents reflect practice.

      • employment contracts
      • management contracts
      • civil-law contracts
      • B2B models
      • changes to terms of employment
      • job descriptions
      • non-compete clauses
      • confidentiality
      • intellectual property
      • assessing the risk of reclassification as employment
    2. 02

      Workplace rules, policies and procedures

      We prepare and update the employer's internal regulations so that they are consistent with one another and with the law.

      • work regulations
      • remuneration regulations
      • remote working policy
      • anti-bullying procedures
      • anti-discrimination procedures
      • rules on the use of company tools and property
      • benefits and expenses policies
      • monitoring and control documentation
      • internal HR procedures
      • employer information obligations
    3. 03

      Pay, bonuses and benefits

      We design remuneration rules taking into account their employment, tax and payroll consequences. Every model is assessed on its own merits.

      • pay structures
      • bonus regulations
      • discretionary and contractual bonuses
      • incentive schemes
      • benefits
      • executive remuneration
      • consistency of employment, tax and payroll documentation
    4. 04

      Working time, leave and remote work

      We help organise when and where work is done in line with the law and the needs of the business.

      • working-time systems and schedules
      • working-time records
      • overtime
      • on-call duty
      • leave and absence
      • remote work
      • hybrid work
      • availability and communication rules
      • risks arising from how work is organised
    5. 05

      Senior management

      We clarify the relationship between a manager's corporate role and their employment.

      • status of board members and managers
      • management contracts
      • responsibility for personnel decisions
      • granting powers of attorney
      • confidentiality and non-compete
      • ending relationships with senior management
      • the link between a corporate office and employment
    6. 06

      Workforce restructuring

      We plan workforce changes together with the timetable, documentation and communication.

      • changes to structures and roles
      • changes to working conditions and pay
      • notice of changed terms
      • employee transfers
      • transfer of undertaking
      • restructuring
      • headcount reduction
      • collective redundancies
      • consultation with employee representatives or trade unions
      • obligations towards public authorities
    7. 07

      Ending working relationships

      We prepare the end of a working relationship so as to reduce the risk of a dispute.

      • termination with notice
      • summary dismissal
      • mutual termination agreements
      • severance pay
      • garden leave
      • return of company property
      • protection of specific categories of employees
      • assessing dispute risk
      • preparing documentation and communication
    8. 08

      Inspections and disputes

      We support employers before, during and after an inspection, and in disputes. We do not guarantee the outcome of an inspection or proceedings.

      • preparing for a PIP inspection
      • support during the inspection
      • analysis of post-inspection notices and decisions
      • responding to requests
      • employee claims
      • negotiation and settlement
      • court proceedings
      • remedial action after an inspection or dispute
    9. 09

      Employment law in M&A

      We assess employment risks for buyers, sellers and investors.

      • employment due diligence
      • employee-related liabilities
      • outstanding pay and benefits
      • risks linked to forms of engagement
      • disputes and inspections
      • dismissals and re-employment obligations
      • transfer of undertaking
      • post-deal workforce integration
      • employment provisions in transaction documents
    10. 10

      Ongoing employer support

      We advise on day-to-day decisions, either as needed or on a subscription basis through the Executive Tax & Legal Hotline.

      • advice for boards and HR
      • assessment of day-to-day decisions
      • documentation updates
      • support before taking action
      • training for managers
      • ongoing subscription-based support
    Who we work with

    Employers we support.

    • Polish and foreign companies
    • family businesses
    • manufacturing companies
    • service businesses
    • technology companies
    • organisations growing their teams
    • businesses restructuring their workforce
    • investors and buyers in M&A transactions
    • businesses setting up operations in Poland
    How we work

    How we work.

    1. 01

      Understanding the situation

      We review the employment model, documentation, how work is organised and the business objective.

    2. 02

      Risk assessment

      We identify legal, HR, tax, social security and operational risks.

    3. 03

      Documents and recommendations

      We prepare a solution that fits how the organisation actually operates.

    4. 04

      Implementation

      We support the board, HR, payroll and managers in running the process and the related communication.

    5. 05

      Ongoing support

      We help keep documentation up to date and respond to organisational and legal changes.

    The Zwyrtek Group approach

    Employment law aligned with business practice.

    A personnel decision is rarely a purely legal question. Changing a pay model affects tax, social security contributions and payroll; a restructuring affects the budget, the timetable and morale. That is why we look at every matter from several perspectives at once, within a single team of advisers.

    A recommendation is only useful if it can be implemented. We check whether the documents match how the business really works, who will apply them and how they will be communicated, so that the board, HR and managers can rely on them day to day.

    Perspectives we bring together:

    • law
    • HR and People Operations
    • tax and social security
    • HR administration and payroll
    • management
    • finance
    • operational risk
    • change communication
    Outcomes

    What the employer gains.

    • consistent documentation
    • better-prepared personnel decisions
    • a lower risk of disputes
    • a clear allocation of responsibilities
    • documents that match practice
    • support for the board, HR and managers
    • a safer restructuring process
    • better preparation for inspections
    • smoother implementation of change

    Employment-law risk cannot be eliminated entirely, but it can be consciously reduced and managed.

    FAQ

    Frequently asked questions about employment law for employers.

    Every employer must keep personnel files and working-time records and give employees written information on their terms of employment. Depending on headcount and how work is organised, work regulations, remuneration regulations, remote working rules and anti-bullying procedures may also be required. The exact set depends on the company's circumstances.

    As a rule, an employer with at least 50 employees must have work regulations unless these matters are covered by a collective agreement. An employer with 20 to 49 employees must introduce them if the company trade union requests it. Smaller businesses may adopt them voluntarily, which often helps to organise work.

    They should set out clearly the components of pay, the conditions for granting them and how they are paid, leaving no room for doubt. It is essential to distinguish contractual from discretionary bonuses and to keep the regulations consistent with contracts and payroll. We always tailor them to the company's structure and current law, including pay transparency requirements.

    Remote working is governed by an agreement with the company trade union or by internal regulations, or, where there are none, by an instruction or agreement with the employee. The rules should cover costs, monitoring, health and safety, and data protection. The details depend on whether work is fully remote, hybrid or occasional.

    When the relationship has the features of employment in practice: the work is performed personally, under the other party's direction, at a time and place it sets. The title of the contract is not decisive. Any assessment requires a review of how the cooperation actually works and of the documents.

    The simplest route is an agreement with the employee; failing that, notice of changed terms, observing the notice period and, in certain cases, giving reasons and consulting the trade unions. It is important to check whether the employee enjoys special protection. The right procedure depends on the type of change and the employee's situation.

    Check in advance that personnel files, working-time records, regulations, health and safety training and the engagement models used for contractors are complete and consistent. It also helps to appoint a contact person and agree how documents will be made available. We cannot guarantee the outcome of an inspection, but good preparation usually reduces the number of findings.

    Start by defining the reasons and the selection criteria, and only then prepare the documentation and communication. Check whether the collective redundancy rules apply and take into account protected employees and entitlement to severance pay. The timetable and procedure depend on the scale and structure of the business.

    They apply to employers with at least 20 employees that, within 30 days, terminate employment for reasons not attributable to employees for a number of people set by statute, depending on the size of the workforce. They require consultation with trade unions or employee representatives and notification of the labour office. Applying them requires a calculation based on the actual figures.

    Above all, forms of engagement, unpaid salaries and overtime, pending disputes and inspections, executive contract terms and the effects of any transfer of undertaking. The findings of employment due diligence should feed into the price and the transaction agreement. The scope of the review depends on the deal structure.

    Let’s strengthen employment practices in your organisation.

    Tell us about your employment model, current challenge or planned change. We will help assess the risks, prepare the documentation and support implementation.